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2012 Supreme(Guj) 672
IN THE HIGH COURT OF GUJARAT
R.M. Chaya, J.
Hiten Mahendrabhai Patel and 29 - Petitioners
Versus
State of Gujarat and 2 - Respondents
Special Civil Application No. 2885 of 2012
Decided On : 26-04-2012
For the Petitioner:Mr. K.B. Pujara, Advocate
For the Respondents: Ms. Megha Chitaliya, AGP.
Headnote:
Constitution of India, 1950 - Articles 16, 226 and 309 - Gujarat Civil Services (Classification and Recruitment General Rules, 1967 - Rule 16 - Seeks to direct respondents to grant general relaxation of atleast Five years in upper-age limit in recruitment of Assistant Inspectors of Motor Vehicles (Class-III) for which procedure is going on as stated in Annexure-B, C and D and E hereto, as recruitment for said post has not been undertaken since the year 1994 - Held, State Government could not undertake process for recruitment of posts in question because old Motor Vehicle Inspector Recruitment Rules provided that recruitment of posts of Inspector of Motor Vehicles are to be made by promotion which have been amended by a notification - Secondly, in the case before the Hon'ble Apex Court, the petitioners were part of the waiting list, whereas in the instant case, the petitioners are only eligible persons - As stated above, State Government has already made requisition to Gujarat Public Service Commission and recruitment process is already initiated and therefore ratio laid down by the Apex Court in the case of Pradip Gogoi (supra) would not take the case of the petitioners any further-
Upper age limit for recruitment of posts in question, not liable to be relaxed - No merit in petition - Petition dismissed -
ORDER :
R.M. Chaya, J.
By way of the present petition under Article 226 of the Constitution of India, the petitioners have inter-alia prayed for the following relief’s:-
"(a) to direct the respondents to grant general relaxation of at least Five years in the upper-age limit in the recruitment of Assistant Inspectors of Motor Vehicles (Class-III) for which procedure is going on as stated in Annexure-B, C and D and E hereto, as the recruitment for the said post has not been undertaken since the year 1994;
(b) to direct the respondents to release the advertisement for recruitment to the post of Assistant Inspectors of Motor Vehicles (Class-III) only after providing for general relaxation of at least Five years in the upper-age limit for the candidates of all categories in such recruitment;
(c) the respondents be restrained from issuing any advertisement for recruitment to the post of Assistant Inspector Motor Vehicles (Class-III) without providing for general relaxation of at least Five years in the upper-age limit for candidates of all the categories;
(d) to direct the respondents to take decision on the representations made by the petitioners and others for granting general relaxation in the upper-age limit in the recruitment for the post of Assistant Inspect of Motor Vehicles (Class-III), and to communicate such decision to the petitioners, before issuing any advertisement for recruitment to the said posts;
(e) PENDING THE HEARING AND FINAL DISPOSAL OF THIS PETITION, BE PLEASED to direct the respondents to grant general relaxation of at least Five years in the upper-age limit in the recruitment of Assistant Inspectors of Motor Vehicles (Class-III) for which procedure is going on as stated in Annexure-B, C, D and E hereto, as the recruitment in the said post has not been undertaken since the year 1994;
(f) PENDING THE HEARING AND FINAL DISPOSAL OF THIS PETITION, BE PLEASED to direct the respondents to release the advertisement for recruitment to the post of Assistant Inspectors of Motor Vehicles (Class-III) only after providing for general relaxation of at least Five years in the upper-age limit for candidates of all categories in such recruitment;
(g) PENDING THE HEARING AND FINAL DISPOSAL OF THIS PETITION, BE PLEASED to restrain the respondents from issuing any advertisement for recruitment to the post of Assistant Inspector Motor Vehicles (Class-III) without providing for general relaxation of at least Five years in the upper-age limit for candidates of all the categories;
(h) PENDING THE HEARING AND FINAL DISPOSAL OF THIS PETITION, BE PLEASED to direct the respondents to take re-consider the impugned decision dated 12.10.2011 on the representations made by the petitioners and others for granting general relaxation in the upper-age limit in the recruitment for the post of Assistant Inspect of Motor Vehicles (Class-III), and to communicate such decision to the petitioners, before issuing any advertisement for recruitment to the said posts;
(i) to grant any other appropriate and just relief/s;"
2. Petitioner Nos.3, 18 and 19 are Bachelor of Engineering in Mechanical and rest of the petitioners are Diploma in Mechanical Engineering. It is the case of the petitioners that though the petitioners possess requisite educational qualifications for the posts of Assistant Inspector of Motor Vehicles (Class III), the recruitment of which is governed by "Assistant Inspector of Motor Vehicles (Class III) Recruitment Rules, 2002". As the respondents have not undertaken the process of recruitment to the said posts since more than 16 years, the petitioners have not got any opportunity to apply for the said posts. It is the case of the petitioners that as the petitioners have now crossed the prescribed age bar (28 years), the petitioners shall not get an opportunity for being recruited to the said posts.
3. It further transpires from the record of the petition that by a communication dated 18.9.2009, the Deputy Commissioner of Transport, State of Gujarat
