Gujarat High Court Dismisses Petition Seeking Relaxation In Age Criteria For Gujarati Stenographer Recruitment

The Gujarat High Court has dismissed a woman's petition seeking relaxation in the age criteria for the post of Gujarati Stenographer.

"Since in the present case, the petitioner failed to establish that she is possessing the prescribed age limit on the date of the advertisement or is there any relaxation rule which permit her to participate in the selection process and further to participate in the examination, the petitioner cannot enforce such kind of relief by way of this petition," Justice J C Doshi said. 

Gujarat Subordinate Services Selection Board had issued an advertisement on 16.06.2022, announcing the recruitment, with a cutoff age of 40 years as of 30.06.2022. However, the petitioner argued that being a female candidate, she should have been given a relaxation of five years, as per the rules, allowing her to apply until the age of 45 years.

Gujarati Stenographer exam was being conducted after a total of 7 years. It was last conducted in 2015. From 2015, till the recruitment process began in 2022, the petitioner had already crossed the eligibility criteria. It was the petitioner’s submission that in view of the relaxation given by the Government for 1 year due to COVID-19, the petitioner could have applied till the age of 46 years, however, the petitioner crossed the age of 46 years and she was older only 8 months as on date of the advertisement for the recruitment of the Gujarati Stenographer.

Representing the Gujarat Subordinate Services Selection Board and the State, AGP Hetal Shah vehemently opposed the petition. She submitted that the recruitment process for the post of Gujarati Stenographer is conducted in accordance with the Gujarat Civil Services Classification and Recruitment (General) Rules, 1967. She pointed out that in view of the Rule 8(2)(b), the relaxation clause permits that if the prescribed age limit exceeds 40 years the age limit may be relaxed to the extent of maximum of 5 years so as to provide an upper age limit for entry in services, but it should not exceed 45 years.

She emphasized that the petitioner could only claim to appear in the examination if she was under the age of 45 years. As the petitioner had crossed the age of 46 years at the time of the advertisement, Ms. Shah argued that she had no locus to demand participation in the examination.

The court observed that the petitioner had indeed crossed the age limit of 46 years on June 16, 2022, as she was born on October 28, 1975. The court highlighted that the maximum relaxation allowed, which is five years, was already specified in the recruitment advertisement, with no further relaxation clause.

Referring to Rule 8(2)(b) of Gujarat Civil Services Classification and Recruitment (General) Rules, 1967, the court said the legal proposition that emerges from it is that right to participate in the selection process is subject to the prescribed eligibility condition.

"The right is guaranteed only if the candidate fulfills the requisite eligibility criteria stated in the above Rules on the stipulated date. It is also an admitted position that the proposition of the eligibility of any candidate is to be reckoned from the date of the advertisement for the post or as per the permission of the Rules and not by any other condition. Lacking of eligibility cannot permit the petitioner to expect that she may be permitted to enter into the selection process and further may be permitted to sit in the examination or apply for the examination," said the court.

Case Title: Anuradha Vikramsinh Rajput Versus Gujarat Subordinate Services Selection Board (Gaun Seva Pasandgi Mandal) R/Special Civil Application No. 11819 Of 2022

Case Citation: 2023 Livelaw (Guj) 93

Appearance:Mr Mj Mehta(5797) For The Petitioner(S) No. 1Mr Nandish Shah For Mr Saurabh J Mehta(2170) For The Petitioner(S) No. 1

For The Respondent(S) No. 2

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