Gujarat High Court
Nilesh Bipinchandra Vyas vs State Of Gujarat Thro Secretary on 16 July, 2025
NEUTRAL CITATION
C/SCA/11129/2012 ORDER DATED: 16/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11129 of 2012
With
R/SPECIAL CIVIL APPLICATION NO. 11520 of 2012
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NILESH BIPINCHANDRA VYAS & ANR.
Versus
STATE OF GUJARAT THRO SECRETARY & ORS.
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Appearance:
MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1,2
MS. SURBHI BHATI, AGP for the Respondent(s) No. 1 IN BOTH THE
CAPTIONED MATTERS
MR DG SHUKLA(1998) for the Respondent(s) No. 3
RULE SERVED for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 16/07/2025
COMMON ORAL ORDER
1. Since the prayers and facts involved in the present petitions are almost similar, and the issues involved in the present petitions are identical in nature, hence, at the request of learned advocates for the respective parties, the matters are heard together and decided together and Special Civil Application No. 11129 of 2012 is considered as lead matter.
2. The present petition i.e. Special Civil Application No. 11129 of 2012 is filed for seeking the following reliefs:
"(A) YOUR LORDSHIPS pleased to issue may be a writ of mandamus or a writ in the nature of mandamus or any Page 1 of 10 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 22:10:50 IST 2025 NEUTRAL CITATION C/SCA/11129/2012 ORDER DATED: 16/07/2025 undefined other appropriate writ, order or directions directing the respondent authorities to grant general relaxation of at least ten years in the upper-age limit in the recruitment of Assistant Inspectors of Motor Vehicles (Class-III) for which advertisement No. 9/12-13 dated 17.07.2012 is issued by the respondent authority ANNEXURE-R hereto); (at (B) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions directing the respondent authorities to take decision on the representations made by the petitioners for granting general relaxation in the upper-age limit in the recruitment for the posts of Assistant Inspector of Motor Vehicles (Class-III), and to communicate such decision to the petitioners;
(C) During the pendency and final disposal of the present petition, YOUR LORDSHIPS may be pleased to:
(i) direct the respondent authorities to grant general relaxation of at least ten years in the upper-age limit in the recruitment for the posts of Assistant Inspector of Motor Vehicles (Class-III) for which advertisement dated 17.07.2012 is issued by the respondent authority (at ANNEXURE-R hereto);
(ii) permit the petitioners to submit their candidatures by filing either on-line forms or by filing physical forms and be pleased to direct the respondent authorities to accept such forms of the petitioners;Page 2 of 10 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 22:10:50 IST 2025
NEUTRAL CITATION C/SCA/11129/2012 ORDER DATED: 16/07/2025 undefined (D) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case;
3. Brief facts of the case as per the case of the petitioners in this petition are as under:
3.1 By way of the present petition, the petitioners seek appropriate directions upon the respondent authorities to grant general relaxation of at least ten years in the upper-age limit in the recruitment of Assistant Inspectors of Motor Vehicles (Class-III) for which advertisement dated 17.07.2012 is issued by the respondent authority.
The petitioners also seek appropriate direction directing the respondent authorities to take decision on the representations made by the petitioners for granting general relaxation in the upper-age limit in the recruitment for the posts of Assistant Inspector of Motor Vehicles (Class-III) and to communicate such decision to the petitioners and during pendency of the present petition the petitioners seek direction to permit the petitioners to submit their candidatures by filing either on-line forms or by filing physical forms and also to Page 3 of 10 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 22:10:50 IST 2025 NEUTRAL CITATION C/SCA/11129/2012 ORDER DATED: 16/07/2025 undefined direct the respondent authorities to accept such forms of the petitioners.
3.2 It is further the case of the petitioner in this lead petition that petitioners are possessing the requisite educational qualifications for the post of Assistant Inspector of Motor Vehicles (Class-III), viz. Diploma in Automobile Engineering and the said recruitment is governed by the statutory recruitment Rules viz. Assistant Inspector of Motor Vehicles (Class-III) Recruitment Rules, 2002 as amended from time to time. Since last more than 16 years, the recruitment for the said post has not been undertaken by the respondents and the last recruitment for the said post was undertaken in the year 1994 and, therefore, though the petitioners have been possessing the requisite educational qualification for the said post since long the petitioners have not got any opportunity to apply for the said posts so far and now they have become age-barred because they have crossed the upper-age limit of 28 years. New recruitment for the said posts has been contemplated by the respondent authorities since long and the process has been put into motion since about two years but the Page 4 of 10 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 22:10:50 IST 2025 NEUTRAL CITATION C/SCA/11129/2012 ORDER DATED: 16/07/2025 undefined advertisement has not been issued uptill now because of the administrative delays, which has resulted into grave injustice to the petitioners.
3.3 It is further the case of the petitioner in this petition that on 18.09.2009, vide a letter, respondent No.2 has submitted requisition for recruitment of 83 posts of Assistant Inspector of Motor Vehicles (Class-III) to respondent No.1. GPSC has informed under the Right to Information Act, 2005 that the GPSC has already received the requisition for direct recruitment to the posts of Inspector of Motor Vehicles (Class-II) and Assistant Inspector of Motor Vehicles (Class-III). It is further the case of the petitioner in this petition that reply was given by the GPSC that the relaxation in the age-limit has been granted only to the candidates of reserved categories as per the Rules.
3.4 It is further the case of the petitioner in this petition that application was made by the petitioners for further information from respondent No.1 by application dated 27.07.2011, which was replied dated 12.08.2011 disclosing the information that at present 76 posts of Page 5 of 10 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 22:10:50 IST 2025 NEUTRAL CITATION C/SCA/11129/2012 ORDER DATED: 16/07/2025 undefined Motor Vehicle Inspector Class-II and 140 posts of Assistant Inspector of Motor Vehicles Class-III are vacant and that the procedure for direct recruitment on the said post is going on. It is further the case of the petitioner in this petition that in the said reply that the last recruitment of Assistant Inspector of Motor Vehicles Class-III was made in the year 1994. Aforesaid recruitment is also governed by the Gujarat Civil Services and (Classification Recruitment (General) Rules, 1967 wherein there is a specific provisions in Rule 16 under which the State Government has power to relax any of the provisions of the Rules in the interest of public service and in fact the State Government has exercised such power from time to time when the recruitment to any post has not been undertaken for a long period, thereby depriving the eligible candidates from applying for such posts and from being considered for selection and appointment.
3.5 It is further the case of the petitioner in this petition that the relaxations in the upper-age limit granted by the State authorities from time to time in the matter of recruitment on the posts under the State Page 6 of 10 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 22:10:50 IST 2025 NEUTRAL CITATION C/SCA/11129/2012 ORDER DATED: 16/07/2025 undefined Government were made with a view to giving opportunity to the unemployed candidates who could not apply for the respective posts because of the recruitment not taking place for several years, though they were duly qualified for such posts. It is further the case of the petitioner in this petition that the Hon'ble Supreme Court of India has deprecated the inaction on the part of the State authorities to initiate fresh recruitment process at regular intervals every year and it is held that such inaction on the part of the State authorities deprives the eligible candidates of their right to be considered for appointment, and delay in initiation of recruitment process violative of Article 16(1) of the Constitution of India because the eligible candidates are denied right to be considered for recruitment. It is held that the process of selection not taking place due to non-notification of vacancies, is having deleterious effect on the psyche of the people and such dereliction of duty is seriously eroding the constitutional right under Article 16(1) of the Constitution of India.
3.6 It is further the case of the petitioners in this petition that various representations were made by the Page 7 of 10 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 22:10:50 IST 2025 NEUTRAL CITATION C/SCA/11129/2012 ORDER DATED: 16/07/2025 undefined petitioners to the respondent authorities since long in this regard, however, no decision is taken so far on the said representations by the respondent authorities. It is further the case of the petitioner in this petition that on 17.07.2012, the advertisement for recruitment of Assistant Inspectors of Motor Vehicles (Class-III) is issued by the respondent authority. petitioners belong to Baxi Panch and, therefore, are entitled to relaxation of five years as per the said notice. On 31.07.2012, the Division Bench of this Court in Letter Patent Appeal No.962 of 2012 in similar set of facts has permitted the appellants therein to file their candidatures by filing physical forms, though they may have crossed the age limit. Hence, the present petition
4. Heard learned advocates appearing for the respective parties and learned Assistant Government Pleader for the respondent - State.
5.1 I have considered the rival submissions made at the bar. At the outset, it is relevant to refer the order dated 11.07.2025 passed by this Court, which reads as under: Page 8 of 10 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 22:10:50 IST 2025
NEUTRAL CITATION C/SCA/11129/2012 ORDER DATED: 16/07/2025 undefined "Since he matter is of the year 2012 and as per the submissions made by learned advocate Mr.D.G.Shukla, the issue is squarely covered by the judgment of Hon'ble Apex Court as well as this Court. Learned advocate for the petitioner is reserving his right to respond to the same.
Considering the fact that the matter is of the year 2012, list this matter on the day when all the old matters are listed for consideration i.e. on 16.07.2025."
5. Learned advocate for the petitioners today conceded to the statement made by learned advocate Mr. Shukla for the respondent No.3 that the issued is covered.
6. Considering the submissions made at the bar, that issues involved in the present petitions are squarely covered by the judgment of the Hon'ble Apex Court in the case of Jamaluddin vs. State of Jammu And Kashmir reported in 2011 (14) SCC 725, as well as judgment passed by this Court in Shaileshbhai Babubhai Patel vs. State of Gujarat And Others rendered in Special Civil Application No.10267 of 2012 and allied matters dated 30.07.2012, I am of the view that no differential view can be taken in these matters and, therefore, these petitions are required to be dismissed.Page 9 of 10 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 22:10:50 IST 2025
NEUTRAL CITATION C/SCA/11129/2012 ORDER DATED: 16/07/2025 undefined
6. The present captioned petitions are accordingly dismissed in light of the aforesaid decisions with no order as to costs.
(SANDEEP N. BHATT,J) DIWAKAR SHUKLA Page 10 of 10 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Jul 17 2025 Downloaded on : Thu Jul 17 22:10:50 IST 2025