SCA/710619/1992 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 7106 of 1992 With SPECIAL CIVIL APPLICATION No. 7107 of 1992 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= AMITABEN GOPALBHAI PATEL - Petitioner(s) Versus THE ADMINISTRATIVE OFFICER & 1 - Respondent(s) ========================================================= Appearance : MR BS SUPEHIA for Petitioner(s) : 1, MR SHIVANG SHUKLA AGP for Respondent(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 07/10/2008 ORAL COMMON JUDGMENT 1. When the matter is called on for hearing, the learned advocate for the petitioner is not present. Hence, the matter is taken up in his absence. SCA/710619/1992 2/3 JUDGMENT 2.0. The petitioners by way of this petitions have prayed to direct the respondents to include their names in the select list for appointment to the post of Primary Teacher. 3.0. The facts in brief are as under :- 3.1. On 21.10.1991, respondent no. 1 invited applications for the post of Primary Teacher, wherein, the criteria for the age was that on 01.07.1991, one should be between the age of 18 and 28 years. It is the case of the petitioners that since they were not fulfilling the said criteria, they did not apply for the post of Primary Teacher. 3.2. It is further the case of the petitioners that several petitions were filed by persons who had not completed 18 years of age as on 01.07.1991, but had applied for the post of primary teacher in pursuance of Rule 4 of the Gujarat Panchayat Service (Recruitment of Primary Teachers) Rules, 1970. Thereafter, in view of the directions issued by this Court, the persons who have not completed the age of 18 years as on 01.07.1991 were called for the interview. SCA/710619/1992 3/3 JUDGMENT 3.3. It is further the case of the petitioners that though the petitioners had applied again, the respondents have not considered the case of the petitioners till date and her name is also not included in the select list for appointment to the post of Primary Teacher. Hence, this petition. 3.0. Heard learned advocate for the respondents. Upon plain reading of the Rules, it is evident that the candidate shall be deemed to have attained the age limit, if he/she attains such age limit before first July of the year in which the recruitment is made. In the present case, the petitioners will not fall in the said criteria since they have attained the age in question as on first July and not before first July, which is the requirement under the Rules. In view of the same, the reliefs claimed by the petitioners cannot be granted at this stage. Hence, the petitions stand dismissed. Rule is discharged. Interim relief if any, stands vacated. [K.S. JHAVERI, J.] /phalguni/