DILIPBHAI DHIRUBHAI KUVADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.Ashish Shah for the petitioners, learned Assistant Government Pleader Mr.K.M. Antani for respondent No.1 - State and learned advocate Mr.H.S. Munshaw for respondent Nos.2 and 3.

(2.) The petitioners who claimed to be qualified for appointment as Multi Purpose Health Workers and who have undertaken the Diploma Course of Health and Sanitary Inspector from Government of India, Institute of Local Self-Government and who have applied to be appointed on the said post pursuant to advertisement dated 15th November, 2016 issued by respondent No.3 for the purpose of recruitment to the said post of Multi Purpose Health Workers, Male, Class III, have filed the present petition under Article 226 of the Constitution, wherein the main prayers reads as under.

(3.) It is stated by the petitioners that in the aforesaid advertisement, applications were invited for 62 posts. It was provided in the advertisement inter alia that candidates should have passed Secondary School Certificate Examination or should possess equivalent qualification recognised by the State and further that the candidates should have successfully completed basic course of Multi Purpose Health Workers from an institute recognised by the State Government or should have passed Sanitary Inspector course from an institute recognised by the State Government. After the petitioners took the examination held for the purpose of appointment on 12th February, 2017, respondent No.3 published provisional merit-list on 10th March, 2017 in which petitioner were shown at Serial No.89 and 91 respectively. By communication dated 14th March, 2017 the candidates were called for verification of documents. Finally, the final select list for the post of Multi Purpose Health Workers were prepared and issued on 24th March, 2017. 3. 1 It is the case of the petitioners that State Government, by Resolution dated 17th August, 2009, resolved that course of Sanitary Inspector imparted by All India Institute of Local Self-Government as well as other training institute of Family Welfare Department is recognised by the State. It is stated that however when one of the applicants on 03rd April, 2017 applied to the Morbi Municipality for information under the Right to Information Act, it was revealed that out of 62 candidates, 20 candidates had submitted certificate of Diploma in Health and Sanitary Inspector obtained from private universities which included O.P.J.S. University, Churu, Rajasthan and other universities. The acceptability of which qualification was under cloud in view of the disputed recognition of the said universities or institutions.