C J THAKOR Vs. AHMEDABAD DISTRICT PANCHAYAT

JUDGEMENT

(1.) The petitioners in this group of writ petitions brought under Article 226 of the Constitution were appointed as Gram Sevaks by direct recruitment by the respective panchayats on purely ad hoc and temporary basis. By Rule 3 of the Gujarat District Panchayat Service Selection Committee (Functions) Rules 1964 when recruitment to the post mentioned in the Schedule is to be made by direct recruitment the panchayat concerned is required to intimate to the District Panchayat Service Selection Committee the number of vacancies which are to be filled in or which are likely to arise; and on receipt of such a requisition the Selection Committee is required to follow the procedure laid down in sub-rule (2) of Rule 3 for the purposes of selecting the candidates for appointment as Gram Sevaks. In the Schedule appended to the said Rules reference to the post of Gram Sevaks is made at Item No. 7.2. In other words the post of Gram Sevaks can be filled in by direct selection through the Panchayat Service Selection Committee. Admittedly the petitioners of this group of petitions were not selected by the Panchayat Selection Committee before their appointment as Gram Sevaks in the respective Panchayats. They were merely interviewed by the respective Panchayats and were given appointments as Gram Sevaks on purely ad hoc and temporary basis. In other words their appointments were subject to appointments being made through the Panchayat Selection Committee under the relevant Recruitment Rules.

(2.) In exercise of powers conferred by sec. 323 of the Gujarat Panchayats Act 1961 the Government of Gujarat framed the Gujarat Panchayat Service (Classification and Recruitment) Rules 1967 According to Rule 2 (f) Panchayat Service means the Panchayat Service as constituted under sec. 203 of the Gujarat Panchayats Act. Rule 3 divides the Panchayat Service into two classes namely the Superior Panchayat Service and the Inferior Panchayat Service. The Superior Panchayat Service consists of posts which are not included in the Inferior Panchayat Service and the Inferior Panchayat Service consists of posts specified in Schedule I. The post of Gram Sevak is not included in the said Schedule. Rule 7 provides that the qualifications with regard to age education and experience etc. shall be those mentioned in Schedule IV and IVA against each post. Rule 9(1) provides that except in the case of services and posts which are not within the purview of the Board or the Selection Committee recruitment and appointment to all posts shall be made by the appointing authority after consultation with the Board or the Selection Committee as the case may be either by direct selection or by promotion from a lower post or service or by transfer from the State Service to the Panchayat Service or by re-employment or by deputation. It has been pointed out in the preceding paragraph that the post of a Gram Sevak is within the purview of the Selection Committee. In fact there is no dispute on this point. Sub-rule (2) of Rule 9 further provides that for the purpose of selecting candidates by direct selection for appointment to posts mentioned in Schedule IV and IV-A or with a view to selecting candidates for preservice training prior to their appointment to such posts the Board or as the case may be the Selection Committee shall arrange to hold qualifying written examinations if prescribed.

(3.) The Recruitment Rules in Schedule IV are branchwise and we are in the instant case concerned with those found under the head Revenue and Rural Development Branch (Executive). Item No. 4 thereof concerns Gram Sevaks and it appears that this item came to be amended by the Gujarat Panchayat Service (Classification and Recruitment) (Nineteenth Amendment) Rules 1980 which came into effect from 15/02/1980. There is no dispute that the present petitions are covered by the said amendment whereby the cadre of Gram Sevak is divided into two cadres. namely: (a) Gram Sevak (Training and Visit System); and (b) Gram Sevak (Multipurpose). Part I of the amended Rules deal with Gram Sevak Training and Visit System) while Part II deals with Gram Sevak (Multipurpose). Insofar as the former cadre is concerned the appointment by nomination and by promotion is permitted in the ratio of 85: 15 respectively that is 85 per cent by nomination and 15per cent by promotion. In the case of latter cadre the ratio is 1: 4 that is 20 per cent by nomination and 80 per cent by promotion. The qualifications for appointment by nomination to the post of Gram Sevak (Training and Visit System) are as under :