UPADHYAY HEMAKSHI DHARAMPRASAD Vs. REGISTRAR SHRI

JUDGEMENT

(1.) WE have heard Mr Gaurav R Chudasama, learned counsel for the petitioners, Mr G.M. Joshi, learned standing counsel for respondent No.1 and Mr Rakesh R. Patel, learned AGP for respondent No.2. This Letters Patent Appeal has been filed challenging the order dated 13.4.2012 passed by the learned Single Judge in Special Civil Application No. 3480 of 2012.

(2.) THE facts of the case in brief are as under: The appellants are working on the establishment of Civil Court, Porbandar on ad hoc and temporary basis and on fixed remuneration basis as Assistant (Junior Clerk) since 28.11.2006. In response to an advertisement issued by respondent No.1 inviting on-line applications for recruitment on different posts, the appellants applied for the post of Assistant (Junior Clerk) as they possessed the required qualification. It is their case that when they tried to submit their on-line applications, they were required to insert their date of birth in the relevant column. When they filled the date of birth, their applications were not accepted on the ground that they are not within the age limit prescribed in the advertisement inclusive of the relaxation. Being aggrieved by the non-acceptance of their applications, they have preferred writ petition being Special Civil Application No. 3480 of 2012. The learned Single Judge, on overall consideration of the facts and the material on record, has not entertained the petition holding that the petitioners do not fall within the age limit applicable even after the relaxation provided for inasmuch as the age limit after special relaxation of 5 years would be 30 years and the age of all petitioners is above the said upper age limit of 30 years. The learned Single Judge also observed that the petitioners have approached the court at very belated stage, inasmuch as the advertisement was published on 15/16.2.2012 and the submission of on-line application commenced from 21.2.2012 whereas the petition was filed on or around 16.3.2012. Hence the present appeal.

(3.) WE have carefully gone through the appeal. The appeal was not filed on the basis of other advertisement nor it has been claimed that the selection process is illegal as age relaxation has not been granted to employees of subordinate courts. The only relief claimed by the appellants is that the appellants' on-line application forms be accepted and they may be permitted to appear in the examination. Gujarat High Court has granted age relaxation of 5 years to all candidates as urged by Mr G.M. Joshi, learned Standing Counsel, in view of the fact that for a long period, examination could not be held and this will also include employees working in subordinate courts. The eligibility criteria mentioned in the Advertisement No. RC/B/1304/2011 reads as under: