KUMUDKUMARI VISHNUPRASAD SADHU Vs. GANDHINAGAR DIST PANCHAYAT

JUDGEMENT

(1.) Rule. Mr.J.M.Barot, learned counsel appearing for Mr.H.S.Munshaw, learned advocate for the respondents No.1 and 2, waives service of Rule on behalf of the respondents No.1 and 2. Since the respondent No.3 herein was the original petitioner No.1 in Special Civil Application No.8087 of 1997 and her interest does not conflict with that of the present applicants, who were also the original petitioners in the Special Civil Application, this Court is of the opinion that it is not necessary to serve notice of Rule of this review application upon the respondent No.3. With the consent of the learned counsel for the parties, this review application is being finally heard today.

(2.) By filing the present application for review of the judgment dated 19.4.2006 rendered in Special Civil Application No.8087 of 1997, the applicants, who were the original petitioners No.2 to 7 in the abovementioned petition, have prayed in para-4 of the application as under:

(3.) Briefly stated, the facts leading to the filing of the present application, as gathered from the record, are that the applicants herein are Female Health Workers serving under the Gandhinagar District Panchayat. After undergoing training for a period of one year and six months, they were appointed as Female Health Workers with effect from different dates and in different pay-scales on adhoc basis. These adhoc appointments were continued from time to time and no regular selection procedure was resorted to by the respondents No.1 and 2 due to certain administrative exigencies, upto the year 1997. Ultimately, the respondents No.1 and 2 issued a public advertisement dated 1.2.1997 for the regular selection of Female Health Workers. The applicants applied for the regular post of Female Health Workers and participated in the oral interview which was held as per the recruitment rules. However, they did not qualify in the regular selection. They, therefore, filed Special Civil Application No.8087 of 1997 challenging the selection process as well as seeking a declaration from this Court to declare the petitioners as having passed the Selection Committee Test and also to declare the entire selection procedure adopted by the respondents in the selection of Female Health Workers as violative of Articles 14 and 16 of the Constitution of India.