RATHOD JAHABHAI DANGARBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This group of petitions is filed by various petitioners from number of districts for issuance of direction to the respective Panchayats to operate the select list for the post of Gram Sevak (Multipurpose) or Gram Sevak (Training & Visit), as the case may be, and to appoint them on such post pursuant to their selection and inclusion of their names in the select list duly prepared. They have also prayed for writ of Certiorari or any other appropriate writ or direction quashing and setting aside the resolution or circular issued by the State Government whereby it has directed the concerned Panchayat to hold fresh selection for the post of Gram Sevak (Multipurpose) /Gram Sevak (Training and Visit) and not to make any appointment to said posts based on existing select list.

(2.) Petition-wise position of respective Panchayat, number of vacancies, notification thereof, preparation of select list and actual appointment of candidates is stated hereunder in a tabular form : District SCA No. No. of Dt. of No. of Size of No. of Peti- Adver- Notified Select persons tioners tisement vacancies list appointed Amreli 1618/89 12 13-3-85 35 69 21 Kutch 1914/89 20 1-6-84 9(Multi- 118 62 purpose) 108 (T&V) <FRM>JUDGEMENT_427_GLR1_1995.htm</FRM>

(3.) From the aforesaid tabular details of the posts of Gram Sevaks (Multipurpose) and Gram Sevaks (Training and Visit) it would be clear that from 1983-85 for number of existing vacancies advertisements were issued by Dist. Panchayats for filling in such vacancies consistent with the statutory rules then prevalent. It could also be seen that in some of the districts the select list was prepared so as to commensurate with number of vacancies to be filled in while in number of other districts selcetcum- waiting lists of larger size were prepared with the result that number of select/ wait-listed candidates was higher than the number of notified vacancies. It is also pertinent to note that though the advertisements were issued between 1983-85 the select/wait-lists were belatedly prepared so as to consume time of 2/3 years. It is also pertinent to note that in case of 2/3 districts, Kutch, Dang and Kheda, number of persons appointed far exceeded the number of available/notified vacancies. It is also required to be noted that almost in all the districts select/wait lists of very large size were prepared so as to make the lists 2/3 times bigger in size than the number of notified/available vacancies. Since number of candidates whose names were included in the select/wait list were not offered appointment despite inclusion of their names in the select/wait list, it is the case of the petitioners that they are atleast entitled to be considered for appointment to the post of Gram Sevak. To add to these difficulties, the State Government vide its resolution, dated 22-12-1988 directed the Dist. Panchayats not to give an appointment from the select/wait list already prepared. Such circular is issued because of the notification issued by the Government on 5-5-1988 whereby in exercise of powers conferred by Sec. 323 read with Sec. 200 of Gujarat Panchayats Act, 1961 the Government of Gujarat enacted the Rules known as "Gujarat Panchayat Service (Classification and Recruitment) (Amendment) Rules, 1988. By the said Rules entire cadre of Gram Sevak is re-organised so as now to consist of Gram Sevak (Training and Visit), Gram Sevak (Multipurpose) and Agrl. Assistants. These resolution and notification are also, therefore, challenged before this Court in this group of petitions, and it is submitted that the vacancies existing on the date of advertisement shall have to be filled in from amongst the candidates already selected and included in the select list. A wider submission is also made before this Court that unless the select/wait lists are fully exhausted the respondents should not be permitted to prepare any fresh select list for the posts of Gram Sevaks (Multipurpose and Training and Visit) and Agrl. Asstts. In fact, injunction to that effect is also prayed for in number of petitions.