JITESH BHAGVANBHAI KUVADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioners have preferred this petition as their services of Multi Purpose Health Worker have been terminated without giving an opportunity of hearing.

(2.) Respondent No.1 herein i.e. State of Gujarat formulated recruitment rules for the cadre of Multi Purpose Health Worker (Male) through a notification dated 15.6.2011. As per Rule 3(d), it was required that candidate should have successfully completed one year training basic course from the Institute recognized by the Government or have passed Sanitary Inspector examination from the Institute recognized by the Government. Gujarat Panchayat Service Selection Board at Ahmedabad published an advertisement in the newspaper dated 5.8.2011 for recruitment of Multi Purpose Health Workers (Male) for all the 26 District Panchayats of the State of Gujarat. So, the Bhavnagar District Panchayat in all issued an advertisement for 251 posts. The educational qualification, etc. were duly mentioned in the advertisement. After scrutiny, the written test of the eligible candidates was held and thereafter, merit list was prepared and forwarded to the Bhavnagar District Panchayat through a list dated 17.4.2012 to the District Panchayat Services Selection Committee. Candidates falling in merit list were instructed to attend the interview and after verification of their credentials, the appointment orders came to be issued on 21.9.2012. In the appointment orders, it was made clear that appointments were contractual for a period of 5 years on a monthly fixed salary of Rs. 5300/-. These appointment orders were further subjected to final outcome of the Special Civil Application No.12537 of 2011 pending before the High Court of Gujarat as well as SLP No.14124 of 2012 and SLP No.14125 of 2012 pending before the Hon'ble Supreme Court of India. There were various conditions in the appointment letter including Condition No.21 according to which, in case the Institute was not certified qua course of Sanitary Inspector than the appointment would be liable to be terminated. Since the Institute from where the petitioners have obtained degree of Multi Purpose Health Worker was not a recognized Institute by the State, their services were terminated which resulted into filing of this petition.

(3.) Learned counsel for the petitioners has submitted that after completion of course, the candidates were allowed to appear in the exam. After they being successful in the examination, they were issued appointment letters. Once the petitioners have been allowed to join and work on respective post, their services cannot be terminated on the ground that the degree obtained by them was not from a recognized institute. It has been argued that in absence of any recognized Institute, in the advertisement issued by the respondents, the services of petitioners cannot be terminated on this ground. It is also argued that some of similar situated persons who have obtained degree from such Institute have been retained in service and are doing their job while petitioners in this case have been discriminated and their services have been terminated. Learned counsel has further referred to certain letters; wherein, officers of the Health Department have recommended to the Government for recognition of Institute which were imparting education for Multi Purpose Health Worker.