Gujarat High Court

Nilesh Bipinchandra Vyas vs State Of Gujarat Thro Secretary on 16 July, 2025

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                             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
                       ==========================================================
                                           NILESH BIPINCHANDRA VYAS & ANR.
                                                         Versus
                                       STATE OF GUJARAT THRO SECRETARY & ORS.
                       ==========================================================
                       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
                       ==========================================================

                         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

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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;

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(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

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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

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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

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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

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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

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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:

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"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.