LAWS(GJH)-2023-6-1519

DHARMESH VINODCHANDRA GOR Vs. NATIONAL FIRE SERVICE COLLEGE

Decided On June 20, 2023
Dharmesh Vinodchandra Gor Appellant
V/S
National Fire Service College Respondents

JUDGEMENT

(1.) This petition is filed challenging the order dtd. 29/7/2022 passed by respondent No.1 - National Fire Service College relieving the petitioner from training center without completing 75th Divisional Fire Officer's Course.

(2.) Heard Mr. Dilip Prajapti for the petitioner. He submitted that the petitioner without any notice has been served with an impugned order dtd. 29/7/2022, whereby he was relieved from the admission of 75 th Divisional Fire Officer's Course. The petitioner pursuant to the admission Rules dtd. 15/6/2022, has been considered for admission into the 75 th Divisional Officer's Course and granted admission. However, subsequently, under order dtd. 29/7/2022 was relieved from the course on the ground of providing wrong information in the application dtd. 8/6/2022. The petitioner has not given wrong information as he was having experience of more than 24 years as also as per the set up in Nagarpalika in relation to fire safety, there is no post of Sub-Fire Officer. The officer having maximum experience is to be considered as Sub-Fire Officer and the same is evident from the order dtd. 28/6/2021 issued by Regional Commissioner Municipalities, Vadodara. In the order dtd. 28/6/2021, the petitioner has been given powers of Sub-Fire Officer and, therefore, the rejection of the candidature of the petitioner under order dtd. 29/7/2022 is erroneous.

(3.) Opposing the petition, Ms. Sangna Kansagra, learned advocate for respondent No.1 - National Fire Service College, referring to affidavit-in-reply submitted that the petitioner was given provisional admission which is clear from the application form itself and therefore, the petitioner cannot claim right over the admission. Further in the application dtd. 8/6/2022, the petitioner provided incorrect information against the column of designation. He was not Fire Officer on the date of application. On account of incorrect information, he was relieved. She further invited attention of this Court to the new Recruitment Rules wherein the eligibility criteria for admission have been changed and pursuant to which, the petitioner is not eligible to get admission into the course commencing from and, therefore, prayer prayed for at this stage cannot be considered.