The division bench of Justices M R Shah and G R Udhvani allowed an appeal filed by the Gujarat Public Service Commission (GPSC) which had challenged the order of a single judge who had held that candidates of reserved category, even if they avail of age relaxation, should be considered in general category if they have obtained a place in merit list.
General category applicants must be below 28 years old.
Justice S R Brahmbhatt had in September 2013 held that even if the reserved category candidates availed of age relaxation, they should be considered in the general category if they have obtained more marks then the last general category candidate.
The HC had then acted on a plea filed by Naresh Parmar and 99 others.
Their contention was if these candidate could get a place in the general category, it would create vacancies in the reserved list and other SC or ST or SEBC aspirants can be accommodated.
The division bench today upheld GPSC lawyer Dipak Shukla's argument that if a candidate has taken the benefit of age relaxation (by virtue of being a SC/ST/SEBC) then he or she should not occupy a place in the general list.
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