Gujarat High Court
Vankar Girishkumar Hirabhai vs State Of Gujarat on 3 February, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/15790/2024 ORDER DATED: 03/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15790 of 2024
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VANKAR GIRISHKUMAR HIRABHAI & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR GAURAV CHUDASAMA(5660) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,3,35,36,37,38,39,4,4
0,5,6,7,8,9
MS. KRINA CALLA, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 03/02/2025
ORAL ORDER
1. Heard learned advocate Mr. Gaurav Chudasama for the petitioner and learned AGP Ms. Krina Calla for the respondent - State.
2. By way of this petition, the petitioners have prayed for a direction to give relaxation in the upper age limit and grant age relaxation upto 4 years in the recruitment process of advertisement no. 3 of 2024 and 4 of 2024 issued by the respondent no. 3 for the post of Vidhyasahayak in Standard 1 to 5 and Standard 6 to 8. The petitioners have also prayed for a Page 1 of 12 Uploaded by VARSHA DESAI(HC01393) on Thu Feb 06 2025 Downloaded on : Thu Feb 06 23:02:33 IST 2025 NEUTRAL CITATION C/SCA/15790/2024 ORDER DATED: 03/02/2025 undefined direction that after granting the age relaxation, the present petitioners may be permitted to participate in the recruitment process pursuant to the advertisement no. 3 of 2024 and 4 of 2024 issued by the respondent no. 3 for the post of Vidhyasahayak in Standard 1 to 5 and standard 6 to 8. The petitioners have also prayed for quashing and setting aside the recruitment process of the Advertisement No. 3 of 2024 and 4 of 2024 dated 01.11.2024 issued by the respondent no. 3 for the post of Vidhyasahayak.
3. Learned advocate Mr. Gaurav Chudasama for the petitioner submitted that all the petitioners are eligible to appear for the post of Vidhyasahayak and they have cleared the TET examination prior to 2023. Learned advocate Mr. Chudasama points out that as per the advertisement impugned, the age limit prescribed for Standard 1 to 5 is between 8 to 33 years and for Standard 6 to 8 is between 18 to 35 years. All the petitioners belong to SC Category and therefore, they seek relaxation of age criteria.
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NEUTRAL CITATION C/SCA/15790/2024 ORDER DATED: 03/02/2025 undefined 3.1. Learned advocate Mr. Chudasama submitted that on earlier occasion, vide Government Resolution dated 30.07.2024, the validity of TET Certificate was extended and therefore, if the petitioners are granted benefits of age relaxation and certificate of TET in respect of each petitioners which is issued prior to the year 2023 are also held to be eligible by extending its validity then they can participate in the recruitment process and thereby, they can opt for the post of Vidhyasahayak by becoming eligible to apply for the same. He, therefore, prayed for issuance of notice.
3.2. Learned advocate Mr. Chudasama submitted that since long there is no advertisement for the recruitment to the post of Vidhyasahayak. Advertising such large number of posts and though in the past, the recruitment has taken place that was for negligible number of posts and therefore, just to ensure that maximum persons can participate in the recruitment process, the upper age limit is required to be relaxed.
3.3. Learned advocate Mr. Chudasama also submitted that in the Page 3 of 12 Uploaded by VARSHA DESAI(HC01393) on Thu Feb 06 2025 Downloaded on : Thu Feb 06 23:02:33 IST 2025 NEUTRAL CITATION C/SCA/15790/2024 ORDER DATED: 03/02/2025 undefined past also there are instances that the State Government has relaxed the age limit and therefore, if the State has done the same in the past, the State can be directed to relax the upper age limit in respect of present advertisement also by exercising the powers under Article 226 of the Constitution of India.
4. Learned AGP Ms. Krina Calla appearing for the respondent -
State vehemently opposed this petition and submitted that by way of catena of decisions, it is held that prescription of age limit in the advertisement is purely within the domain of the recruiting body and therefore, when the petitioners could not point out that the age limit prescribed by the respondents is either absolutely on the basis of absurd consideration or is without jurisdiction and competence of the respondents, the same cannot be interfered with. Learned AGP Ms. Calla submitted that merely because the petitioners are age barred, just to accommodate the petitioners, age limit cannot be relaxed without there being any logic or reason behind the same. 4.1. Learned AGP Ms. Calla further submitted that in every Page 4 of 12 Uploaded by VARSHA DESAI(HC01393) on Thu Feb 06 2025 Downloaded on : Thu Feb 06 23:02:33 IST 2025 NEUTRAL CITATION C/SCA/15790/2024 ORDER DATED: 03/02/2025 undefined recruitment process, some candidates would always find that they are falling short of upper age limit or lower age limit and therefore, by relaxing it to some extent, a person can be considered for the post in question. However, the same thing may take place in respect of every advertisement and therefore, just with a view to see that some more persons are accommodated, such advertisements cannot be modified by relaxing certain parameters or required criteria. 4.2. Learned AGP Ms. Krina Calla relying upon the decision of the Hon'ble Court in case of Kendriya Vidyalaya Sangathan and others V/s. Sajal Kumar Roy and Others reported in (2006) 8 SCC 671 and by relying upon the paragraphs no. 11, 12 and 13 of the above judgment, learned AGP Ms. Calla submitted that the powers to relax the Rules can be exercised in larger public interest only in a given case and the same should not become a routine.
4.3. Learned AGP Ms. Calla further relied upon a decision in case of Dr. Ami Lal Bhat V/s. State of Rajsthan and Others Page 5 of 12 Uploaded by VARSHA DESAI(HC01393) on Thu Feb 06 2025 Downloaded on : Thu Feb 06 23:02:33 IST 2025 NEUTRAL CITATION C/SCA/15790/2024 ORDER DATED: 03/02/2025 undefined reported in (1997) 6 SCC 614 and submitted that if the advertisement is issued within the reasonable time of occurrence of vacancy and there is no malafide delay, the action of appointing authority cannot be faulted.
4.4. Learned AGP Ms. Calla further submitted that just before 2 or 3 years, the last recruitment process was undertaken and therefore, when there is no inordinate delay, the Court may not exercise its discretion and issue any direction for age relaxation. 4.5. By relying upon the two decisions, learned AGP Ms. Calla prayed for dismissal of this petition.
5. I have heard learned advocate Mr. Chudasama for the petitioners and learned AGP Ms. Krina Calla for the respondents - State. On perusal of record, I found that the petitioners though are qualified but on account of upper age limit, there are not in a position to participate in either of the advertisement which are subject matter of challenge before this Court.
6. The petitioners have further shown that in the past, the State Page 6 of 12 Uploaded by VARSHA DESAI(HC01393) on Thu Feb 06 2025 Downloaded on : Thu Feb 06 23:02:33 IST 2025 NEUTRAL CITATION C/SCA/15790/2024 ORDER DATED: 03/02/2025 undefined Government had relaxed the age criteria in a given case and therefore, in the instant case also the State Government can be directed to relax the upper age limit.
7. This Court put a specific query to learned advocate Mr. Chudasama that when the last time the advertisement was issued by the State Government for recruitment to the post of Vidhayasahayak, learned advocate Mr. Chudasama was fair enough to state that last time the advertisement was issued in the year 2022 but at that time only around 500 posts were advertised whereas this time around only 12,000 vacancies in all in respect of both the advertisements are issued and the petitioners are not in a position to participate only on account that they have attained the upper age limit. Therefore, in light of above submissions, the matter was considered.
8. It is true that the petitioners have crossed the upper age limit but at the same time it is equally true that in the year 2022 also an advertisement was published and at that time also the petitioners should have participated in the recruitment. Further though Page 7 of 12 Uploaded by VARSHA DESAI(HC01393) on Thu Feb 06 2025 Downloaded on : Thu Feb 06 23:02:33 IST 2025 NEUTRAL CITATION C/SCA/15790/2024 ORDER DATED: 03/02/2025 undefined learned advocate Mr. Chudasama had pointed out at the instances by the State Government by way of Government Resolution that the upper age limit is relaxed in respect of certain recruitment process and more particularly in respect of recruitment of Vidhasahayak as well in the year 2024 itself but at the same time, learned advocate Mr. Chudasama failed to point out that it is obligatory on the part of State to relax the age. Further learned advocate Mr. Chudasama also could not demonstrate the fact that there is any illegality or incompetence in fixing the upper age limit and therefore, the submissions of learned advocate Mr. Chudasama required to be seen in light of the decision of the Hon'ble Supreme Court relied upon by learned AGP Ms. Calla in case of Kendriya Vidyalaya Sangathan and others V/s. Sajal Kumar Roy and Others reported in (2006) 8 SCC 671 wherein the Hon'ble Court in paragraphs no. 11, 12 and 13 has observed as under:-
"11. The Respondents are not members of the Scheduled Caste or Scheduled Tribe. Age limit is prescribed for appointment to the general category of employees. The upper age-limit for appointment to the post of LDC is 25 years. The advertisement also says so. The Rules, as noticed hereinbefore, are in two parts. The first part talks about the age-limit. The second part provides for relaxation. Such Page 8 of 12 Uploaded by VARSHA DESAI(HC01393) on Thu Feb 06 2025 Downloaded on : Thu Feb 06 23:02:33 IST 2025 NEUTRAL CITATION C/SCA/15790/2024 ORDER DATED: 03/02/2025 undefined relaxation can be granted for the purpose specified i.e., in favour of those who answered the descriptions stated therein. Relaxation of age- limit even in relation to the Scheduled Caste and the Scheduled Tribe candidates or the retrenched Central Government employees, including the defence personnel is, however, not automatic. The appointing authorities are required to apply their mind while exercising their discretionary jurisdiction to relax the age-limits. Discretion of the authorities is required to be exercised only for deserving candidates and upon recommendations of the Appointing Committee/Selection Committee. The requirements to comply with the rules, it is trite, were required to be complied with fairly and reasonably. They were bound by the rules. The discretionary jurisdiction could be exercised for relaxation of age provided for in the rules and within the four corners thereof. As the respondents do not come within the purview of the exception contained in Article 45 of the Education Code, in our opinion, the Tribunal and consequently, the High Court committed a manifest error in issuing the aforementioned directions.
12. In Food Corporation of India v. Bhanu Lodh this Court stated the law thus : (SCC p. 628, para 23) "....While the maximum age prescribed under the Recruitment Rules is 35/40 years for the posts concerned, departmental candidates in the age of 52-53 years were proposed to be appointed. Even assuming that there is a power of relaxation under the Regulations, we think that the power of relaxation cannot be exercised in such a manner that it completely distorts the Regulations. The power of relaxation is intended to be used in marginal cases where exceptionally qualified candidates are available. We do not think that they are intended as an 'open sesame' for all and sundry. The wholesale go-by given to the Regulations, and the manner in which the recruitment process was being done, was very much reviewable as a policy directive, in exercise of the power of the Central Government under Section 6(2) of the Act."
13. Yet again in Dr. Ami Lal Bhat (Dr.) v. State of Rajasthan the law is stated in the following terms : (SCC pp. 620-21, paras 10-11) "10.... In other words, what is contended is that if on the date when the vacancy occurred, the candidates were within the maximum age prescribed by reference to the cut-off date, then if the advertisement is delayed, their age should be considered with reference to the cut-off date of 1st January following the date of occurrence of vacancy. For example, if the vacancy has Page 9 of 12 Uploaded by VARSHA DESAI(HC01393) on Thu Feb 06 2025 Downloaded on : Thu Feb 06 23:02:33 IST 2025 NEUTRAL CITATION C/SCA/15790/2024 ORDER DATED: 03/02/2025 undefined occurred on 1st of April of a given year, and the applicant would be within the maximum age on the 1st of January of the following year, then such a candidate will be considered as eligible even if the advertisement is issued not in April of that year but say February of the following year. All the candidates will get age relaxation of one year.
11. In our view this kind of an interpretation cannot be given to a rule for relaxation of age. The power of relaxation is required to be exercised in public interest in a given case; as for example, if other suitable candidates are not available for the post, and the only candidate who is suitable has crossed the maximum age-limit; or to mitigate hardship in a given case. Such a relaxation in special circumstances of a given case is to be exercised by the administration after referring that case to the Rajasthan Public Service Commission. There cannot be any wholesale relaxation because the advertisement is delayed or because the vacancy occurred earlier especially when there is no allegation of any mala fides in connection with any delay in issuing an advertisement. This kind of power of wholesale relaxation would make for total uncertainty in determining the maximum age of a candidate. It might be unfair to a large number of candidates who might be similarly situated, but who may not apply, thinking that they are age-barred. We fail to see how the power of relaxation can be exercised in the manner contended."
The above paragraphs would indicate that the power of relaxation is required to be exercised in public interest only in a given case and not in every case. Further Hon'ble Supreme Court in case of Dr. Amitlal Bhat V/s. State of Rajsthan reported in 1997 6 SCC 614 held that the power of relaxation of age is required to be exercised in public interest in a given case and only when if the suitable Page 10 of 12 Uploaded by VARSHA DESAI(HC01393) on Thu Feb 06 2025 Downloaded on : Thu Feb 06 23:02:33 IST 2025 NEUTRAL CITATION C/SCA/15790/2024 ORDER DATED: 03/02/2025 undefined candidates are not available for the post and all to mitigate hardship in a given case.
9. In view of above decisions, when the Hon'ble Supreme Court has categorically stated that only in a given case, considering the special circumstances, the upper age limit can be relaxed and as in the instant case, the advertisement for recruitment to the post of Vidhayasahayak was issued in the year 2022 and Government Resolution dated 30.07.2024 indicates that even in the year 2024 also such advertisement for recruitment to the post of Vidhyasahayak was issued and learned advocate Mr. Chudasama also could not deny the aforesaid fact which would indicate that the recruitment process for appointment to the post of Vidhyasahayak is a regular process that Government is carried out every year, no exceptional case is made out or no case is made out by learned advocate Mr. Chudasama to indicate that there is any delay in issuing the advertisement by the State Government once the number of posts fell vacant.
10. In view of that as well as in view of the decisions of the Hon'ble Page 11 of 12 Uploaded by VARSHA DESAI(HC01393) on Thu Feb 06 2025 Downloaded on : Thu Feb 06 23:02:33 IST 2025 NEUTRAL CITATION C/SCA/15790/2024 ORDER DATED: 03/02/2025 undefined Supreme Court, I don't see any reason to entertain this petition when regularly the advertisement for recruitment to the posts of Vidhayasahayak are issued by the State Government and no special case is made out by learned advocate Mr. Chudasama to compel this Court to take a view that the age relaxation is required to be exercised. Accordingly, this petition is required to be dismissed and the same is dismissed.
(NIRZAR S. DESAI,J) VARSHA DESAI Page 12 of 12 Uploaded by VARSHA DESAI(HC01393) on Thu Feb 06 2025 Downloaded on : Thu Feb 06 23:02:33 IST 2025