Gujarat High Court
Jogadiya Dhruv Vaghjibhai vs State Of Gujarat on 23 June, 2025
NEUTRAL CITATION
C/SCA/7593/2014 ORDER DATED: 23/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7593 of 2014
With
R/SPECIAL CIVIL APPLICATION NO. 7595 of 2014
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JOGADIYA DHRUV VAGHJIBHAI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR NK MAJMUDAR(430) for the Petitioner(s) No. 1
MR HENIL SHAH, AGP for the Respondent(s) No. 1,2,3,5
MR HS MUNSHAW(495) for the Respondent(s) No. 4
RULE SERVED for the Respondent(s) No. 6
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 23/06/2025
ORAL ORDER
1. These petitions are filed for the following prayers:
"11(A) admit this petition.
(B) issue appropriate writ, order or direction directing the concerned respondent authorities to consider the case of the petitioner for regularization of his services/permanent absorption on the sanctioned post of Medical Officer, Class-II (Ayurved) in view of the G.R. dated 20/7/206 and to treat him as absorbed permanently on completion of her 5 years period in view of the G.R. dated 20/7/2006 in the aforesaid peculiar facts and circumstances of the case. (C) issue appropriate writ, order or direction directing the Page 1 of 4 Uploaded by U. SRILATHA(HC00185) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 22:38:19 IST 2025 NEUTRAL CITATION C/SCA/7593/2014 ORDER DATED: 23/06/2025 undefined concerned respondent authorities to regularize the services of the petitioner and absorb him on permanent basis to the post of Medical Officer (Ayurved) Class-II in view of the G.R.dated 20/7/2006 with all consequential benefits; (D) pending admission and final disposal of this petition be pleased to pass interim order restraining the concerned respondent authorities from putting an end to the services of the petitioner till the aforesaid petition is finally heard and disposed of.
(E) xxxx"
2. Heard learned advocates for the parties.
3. Learned advocate for the petitioner submits, from the facts mentioned in the petition that, the petitioners were having qualification of BAMS which is considered as valid qualification for the post of Medical Officer, Class-II (Ayurved) and the state government, vide resolution dated 20.7.2006, passed a resolution and taken a decision to fill up 482 sanctioned posts of Medical Officers, Class-Ii by giving appointment to the candidates holding non-MBBS degree. The petitioners were given appointment as Ayurved Medical Officer for a period of 11 months on contractual basis and the same was continued from time to time and they are serving as such. He submitted that the petitioners' Page 2 of 4 Uploaded by U. SRILATHA(HC00185) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 22:38:19 IST 2025 NEUTRAL CITATION C/SCA/7593/2014 ORDER DATED: 23/06/2025 undefined appointment has been made by the concerned respondent authorities from time to time under G.R.dated 20.7.2006 on permanent sanctioned posts of Medical Officer (Ayurved) and on completion of five years from the initial date of appointment, the petitioners' ought to have considered the case of the petitioners for regularization/permanent absorption of her/his services to the post of Medical Officer (Ayurved) Class-II. However, as the respondents authorities are not considered the case of the petitioners for regularization of her/his services/permanent absorption to the post of Medical Officer (Ayurved), Class II in view of the G.R.dated 20.7.2006, the present petition is filed.
4. At this stage, learned advocate for the petitioners has submitted that a group of petitions wherein similar set of facts were involved was decided by the coordinate Bench of this Court vide order dated 28.9.2018 passed in Special Civil Application No.18294 of 2013 and allied matters and the facts of the present petitions are covered by the said judgment. He produced a copy of the said order for perusal of this Court.
5. Learned AGP Mr.Shah, on perusal of the facts of the case on hand and the judgment referred to and relied on by learned advocate for the petitioners, submitted that these Page 3 of 4 Uploaded by U. SRILATHA(HC00185) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 22:38:19 IST 2025 NEUTRAL CITATION C/SCA/7593/2014 ORDER DATED: 23/06/2025 undefined petitions are covered by the said judgment and appropriate order may be passed.
6. Considering the facts of the present case, the material available on the record, the submissions advanced by learned advocates for the parties and the judgment referred to and relied on by learned advocate for the petitioners, wherein the coordinate Bench of this Court, has discussed and observed in the similar set of facts and dismissed the said petitions, these petitions are also required to be dismissed.
7. Accordingly, these petitions dismissed. Rule is discharged. Interim relief, if any, stands vacated.
(SANDEEP N. BHATT,J) SRILATHA Page 4 of 4 Uploaded by U. SRILATHA(HC00185) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 22:38:19 IST 2025