D.N.PATEL, J. - (1.) COUNSEL for the petitioner submitted that the petitioner has applied for Class IV post in pursuance of a public advertisement, which is dated 25th July, 2009 at Annexure -3 to the memo of the present petition.
(2.) IT is further submitted by the counsel for the petitioner that as the petitioner belongs to other backward class as per certificate at Annexure -1 to the memo of the present petition, the required age is 37 years as per clause -6 of the aforesaid public advertisement. Moreover, the petitioner is physically handicapped candidate having 50% disability and a certificate thereof is at Annexure -2 to the memo of the petition and as per Annexure -6 policy decision, age relaxation of five years is to be given to the physically handicapped persons. Moreover, it is further submitted by the counsel for the petitioner that there ought to have been maximum 3% reservation of the physically handicapped persons under The Persons with disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and without considering these aspects of the matter, the order has been passed by the respondents at Annexure -5 that the petitioner is overage and therefore, the case of the present petitioner has been rejected and therefore, let this remark for the petitioner at Annexure -5 may be quashed and set aside and the matter may be remanded for afresh consideration by respondent no. 2 in accordance with law, within stipulated time as given by this Court.
(3.) I have heard counsel for the respondents, who has submitted that the petitioner is overage candidate for Class IV post. His date of birth is 10th August, 1967 and therefore, he is more than 37 years and therefore, his candidature is rejected because of his overage and therefore, no illegality has been committed by the respondents in rejecting the case of the present petitioner, looking to the public advertisement at Annexure -3 to the memo of the present petition.;