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SCA/3675/1995 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3675 of 1995
=========================================================
SOLANKI
PRAVINSINH BHIKHAJI - Petitioner(s)
Versus
DISTRICT
PRIMARY EDUCATION OFFICER NR & 1 - Respondent(s)
=========================================================
Appearance :
MR
BN PATEL for
Petitioner(s) : 1,
MR HS MUNSHAW for Respondent(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 22/03/2010
ORAL
ORDER
1. By
way of this petition, the petitioner has prayed for the following
reliefs :-
[a]
To issue an appropriate writ, order or direction directing the
respondents to consider the petitioner eligible on the ground of
completion of minimum age of 18 years and to consider the application
of the petitioner as of eligible candidate in this regard pursuant to
the advt. at Ann. A, declaring that the condition in the advt., at
Ann A requiring the candidates to attain the age limit on 1.7.994 is
bad, illegal and unconstitutional;
[b]
& [c] ……
2. This
Court on 08.05.1995 had passed the following order :-
Rule
returnable on 14th June, 1995. In the meanwhile, the
petitioner shall not be denied the consideration for the post of
Primary Teacher only on the ground that he had not attained the age
of 18 years on 01.07.1994, because the rule to which my attention has
been invited by the learned counsel for the petitioner shows in the
explanation that the candidate must have attained the age limit
before 1st July, of the year in which recruitment is made
and the recruitment is being made in the year 1995 as the notice
inviting application has been issued in Gujarat Samachar daily on
25th April, 1995.
Direct
Service permitted.
3. In
view of the aforesaid interlocutory order, the petition has become
academic. The parties will be governed by the aforesaid interlocutory
order. Rule is made absolute to the aforesaid extent.
[K.S.
JHAVERI, J.]
/phalguni/
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