USHABEN AMRATLAL MEHTA Vs. GANDHINAGAR DISTRICT PANCHAYAT

JUDGEMENT

(1.) THE petitioners herein are Female Health workers, serving under the Gandhinagar District Panchayat. As per the averments made in the petition, the respondents invited applications for the purpose of giving training to candidates as Female Health Workers. The petitioners were selected for the purpose of the said training and after undergoing the training for a period of one year and six months, the petitioners were appointed as Female health Workers with effect from different dates and in the pay-scales as stated in Paragraphs 6 to 11 of the writ petition. It is the grievance of the petitioners that after having appointed them, the respondents conducted fresh interviews for the purpose of appointing Female Health Workers and that such procedure adopted by the respondents, being violative of Arts. 14 and 16 of the Constitution of india, is bad in law, inasmuch as the respondents are in the process of giving appointments to candidates who do not belong to Gandhinagar District, which according to the petitioners, is not permissible, since the appointments of Female health Workers could only have been made from amongst those persons, such as the petitioners, who have undergone training and belong to District gandhinagar. Second grievance raised by the petitioners is that the respondents have conducted interviews of candidates for the purpose of giving appointments as Female Health Workers and that the appointments cannot be made solely on the basis of oral interview without resorting to a written test. The petitioners have prayed for the following reliefs :

(2.) WHILE issuing Notice, this Court (Coram : S. D. Pandit, J.), vide order dated 30-10-1997 granted interim relief to the effect that the services of the petitioners be not terminated till 17-11-1997. On subsequent dates, this interim relief was extended and on 28-1-1998, this Court (Coram : S. K. Keshote, J.), while issuing Rule made the interim relief granted earlier absolute till final disposal of the Special Civil Application.

(3.) I have heard Shri M. C. Shah, learned Counsel for the petitioners and shri J. M. Barot appearing vice Shri H. S. Munshaw, learned Counsel for respondents and have gone through the pleadings and other material on record.