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A. S. SUPEHIA, MAUNA M. BHATT
STATE OF GUJARAT – Appellant
Versus
DAXABAHEN PUNJABHAI VANKAR – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. The Letters Patent Appeal filed under Clause 15 of the Letters Patent, 1865 is directed against the judgment and order dated 23.12.2019 passed by the learned Single Judge in the captioned writ petition, whereby the learned Single Judge has allowed the writ petition and directed the appellant-State to provide age relaxation of 4 years in the upper age limit of 33 years in accordance with Government Resolutions dated 22.04.1983 and 01.03.2000 to the respondent No. 1-original petitioner, who belongs to Scheduled Caste category,
BRIEF FACTS:
2. Pursuant to the advertisement dated 04.07.2015 issued by the appellant-State authority for the purpose of inviting interested candidates for Anganwadi Centres as Aanganwadi Workers at Durgavada-4 (D-4), Durgavada-3 (D-3), the respondent No. 1 submitted her application in the prescribed Form however, it is not stated by the respondent No. 1 whether such application was accepted or not. It appears that the same could not have been accepted in view of the age limit mentioned in the advertisement dated 04.07.2015 specifying that the candidate must be within the age limit of 18 years and not above the age of 33 years as on
Anganwadi Workers are not considered civil servants, and thus, age relaxation provisions for government employees do not apply to them.
The main legal point established in the judgment is that the Government Resolution dated 13.12.2005 did not discriminate, and the procedure for promotion was undertaken by two separate establishments....
The retirement age of Anganwadi workers is subject to uniform standards set by central guidelines, overriding local policies that impose lower age limits, ensuring no arbitrary state action. All work....
The court affirmed that selection for Anganwadi Worker positions must follow established criteria, including local residency and performance in interviews, without bias towards higher qualifications.
The date for age determination in recruitment processes is fixed at the advertisement date and not variable based on the appointment date, ensuring fairness and consistency.
Higher educational qualifications do not disqualify candidates for positions requiring lower qualifications, and recruitment must follow established government policies.
Selection guidelines take precedence over advertisements in recruitment processes, especially in cases involving designated community preferences.
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