Secretary vs Susheelkumar Govindbhai ...
2021 Latest Caselaw 16127 Guj

      C/LPA/200/2020                            JUDGMENT DATED: 13/10/2021




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/LETTERS PATENT APPEAL NO. 200 of 2020

            In R/SPECIAL CIVIL APPLICATION NO. 10023 of 2017


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE J.B.PARDIWALA

and
HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

=============================================

1     Whether Reporters of Local Papers may be allowed
      to see the judgment ?

2     To be referred to the Reporter or not ?

3     Whether their Lordships wish to see the fair copy
      of the judgment ?

4     Whether this case involves a substantial question
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

=============================================
                              SECRETARY
                                 Versus
                   SUSHEELKUMAR GOVINDBHAI CHAUDHARI
=============================================
Appearance:
MR HS MUNSHAW(495) for the Appellant(s) No. 1,2
for the Respondent(s) No. 3,4
MR MIG MANSURI(444) for the Respondent(s) No. 1,2
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    CORAM:HONOURABLE MR. JUSTICE J.B.PARDIWALA
          and
          HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                            Date : 13/10/2021

                             ORAL JUDGMENT

(PER : HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI)

C/LPA/200/2020 JUDGMENT DATED: 13/10/2021

1. This appeal under Clause 15 of the Letters Patent is at the instance of the unsuccessful original respondents nos.2 and 3 respectively of a writ application and is directed against the order passed by a learned Single Judge of this Court dated 27.09.2019 in the Special Civil Application No.10023 of 2017 by which the learned Single Judge allowed the writ application.

2. The facts giving rise to the present appeal may be summarized as under:

2.1 The respondents herein hold a degree of Diploma in Horticulture from the Sardar Krushinagar Dantiwada Agriculture University, Banaskantha. The recruitment process for the post of Gram Sevak, Class-III was undertaken by the appellants -District Panchayat Service Selection Committee vide the advertisement dated 23.11.2016. The respondents herein applied online for the said post and thereafter, on 18.02.2017, appeared in the written test conducted by the appellants. The names of the respondents appeared in the provisional merit list which was duly prepared and published by the appellants. The respondents herein along with other candidates were called for verification of the original documents and certification.

2.2 After verification, the appellants informed the respondents that since the respondents were not holding the degree of Diploma in Agriculture, they were not considered for the selection to the post of Gram Sevak, Class-III. Accordingly, the names of the respondents were not included in the final selection list prepared by the appellants.

       C/LPA/200/2020                                       JUDGMENT DATED: 13/10/2021



2.3        Being aggrieved and dissatisfied with the same, the

respondents herein filed the Special Civil Application No.10023 of 2017 before this Court. The learned Single Judge of this Court by order dated 27.09.2019 allowed the writ application filed by the respondents and held that the respondents holding the qualification of Diploma in Horticulture were eligible to be considered for the purpose of appointment to the post of Gram Sevak, Class - III.

2.4 Paragraphs 5, 6 and 7 of the impugned order dated 27.09.2019 are produced thus:

"5. In Special Civil Applications were filed by the candidates aspiring to the very post of Gram Sevak, Class-III, who competed under the very advertisement and recruitment process, contended before this Court that their qualification of Bachelor of Rural Studies with subject Home Science was liable to be treated as valid. Their candidature was rejected on the ground that they did not study agriculture in their Bachelor of Rural Studies. They were also the candidates selected in the provisional merit list and their candidature were rejected at the stage of document verification. Those petitions were dismissed by Single Judge of this Court. In the group of Letters Patent Appeal in Leelaben Revabhai Chaudhary v. State of Gujarat [2019(1) GLR 12] the Division Bench reversed the decision.

5.1 In Leelaben Revabhai Chaudhary (supra), it was held as under.

"16. Learned Single Judge has emphasized on study of subject of Agriculture and other relevant subjects as better qualification but at the same time neither the decision in the case of Rajbirsing Dalal (supra), nor Chaudhary Kuldeep Prvainkumar (supra) would apply in the facts of this case.

That in none of the decisions requirement of Recruitment Rule was specific. Besides, the appellants in this group of appeals have studied Bachelor of Rural Studies from a recognized institution and also passed out written examination and their names were placed in provisional merit list, we are of the view that no further scrutiny was permitted at the stage of preparing final select list based on study of various subjects while obtaining Degree of Bachelor of Rural Studies. Even otherwise, the appellants having degree in BRS either from Home Science or any other branch contain various subjects of studies of rural life including principles of Economy, economics and Management terms, Rural Economics and Cooperation, Home Management, Food Nutrition and child development which are basic subjects for upliftment of the rural masses. So far as duty chart is concerned, the very subject containing 35 marks in the written examination, in which the appellants have successfully passed and also to undergo training, therefore, when all the appellants in this group of appeals possess requisite qualification under the Recruitment Rules of 2014,

C/LPA/200/2020 JUDGMENT DATED: 13/10/2021

their names ought not to have been deleted from the provisional merit list by preferring candidates, who passed out Bachelor of Rural Studies either in Animal Husbandry or Dairy Science. Such exercise was not permissible at the stage of second scrutiny which was only meant to verify genuineness of various certificates and documents.

17. The first group of appeals filed by the appellants viz. Letters Patent Appeal No.349 to 360 and 362 of 2018 and candidates having Bachelor Degree in Rural Studies irrespective of any specialization, in the facts of this case, simply BRS or BRS with Home Science and Management cannot be given discriminatory treatment since they possess requisite educational qualification for recruitment to the post of Gram Sevak under Rule 3 (b) (i) of Rules 2014, since rule framing authority has taken a conscious decision to do away with the requirement of 'agriculture' as specialization in the Degree of Bachelor of Rural Studies. Besides, all the candidates were enlisted in provisional merit list and after clearing written examination which contained 35 marks for subject of Agriculture out of total 100 marks and even duty chart is perused it is not pertaining to agriculture only but overall function to be discharged by Gram Sevak for betterment of rural masses. That subjects like child and female nutrition, agricultural economics, home science management, food nutrition, child development, health and sanitation etc. cannot be said to be not relevant as against preference given to those candidates having Degree of Bachelor of Rural Studies with Dairy and Animal Husbandry only.

17.1 Therefore, classification is held to be rational by learned Single Judge deserve to be interfered with in all these appeals filed by the candidates having Degree in BRS. Accordingly, Letters Patent Appeal Nos.349 to 360 and 362 of 2018 are allowed. To the extent, as above, order passed by learned Single Judge impugned in this group of appeals viz. Letters Patent Appeal No.349 to 360 and 362 of 2018 is quashed and set aside. The respondents are directed to enlist successful candidates of this group, whose names have appeared in the provisional merit list for further process and based on individual merit shall be placed in the final select list, if they fulfill other requirements under the Rules and to be considered for appointment for the post of Gram Sevak. LPA 363 to 369 of 2018 and LPA 371 to 381 of 2018 with LPA Nos.443 to 448 of 2018 (for the sake of convenience to be referred to as OPJS group of appeals) since all the appellants have obtained the Diploma course of three years from OJPS University, Churu, Rajasthan."

5.2 When learned advocate for the petitioners relied on the aforesaid observations in the decision of the Division Bench to submit that the case of the petitioners would be covered therein and on the basis of the said decision, petitioners would be entitled to succeed, learned Assistant Government Pleader was at his receiving end and could not dispute the position of law emanating from the said decision.

5.3 It may also be noted that subsequent to the aforesaid decision of the Division Bench, the State Government has amended the Gram Sevak, Class III Recruitment Rules and as per the Gram Sevak, ClassIII, in the Superior Panchayat Service Recruitment (Amendment) Rules, 2018, it is provided as not to include the qualification of Diploma in Horticulture as the eligibility to the post.

C/LPA/200/2020 JUDGMENT DATED: 13/10/2021

6. Since the petitioners could be given relief on the basis of the decision in Leelaben Revabhai Chaudhary (supra), more particularly having regard to the observations and findings extracted hereinabove therefrom, the petitioners succeed.

7. For the reasons aforesaid, the petitioners who hold the qualification of Diploma in Horticulture are liable to be considered for the purpose of appointment to the post of Gram Sevak, Class-III. The candidature of the petitioners for the appointment to the said post shall be accepted to offer them the appointment on the available post. The petition is allowed accordingly.

Direct service is permitted."

2.5 The appellants being aggrieved by the said order, are before this Court with the present appeal.

3. We have heard Mr. H.S. Munshaw, the learned counsel appearing for the appellants and Mr. MIG Mansuri, the learned counsel appearing for the respondents.

4. Mr. Munshaw, the learned counsel appearing for the appellants submitted that the candidature of the respondents was rightly rejected by the appellants in view of the fact that the respondents were holding the qualification of Diploma in Horticulture. Mr. Munshaw, submitted that the recruitment rules framed by the Panchayat, Rural Housing and Rural Development Department through its notification dated 30.12.2014 categorically states that the Diploma in Horticulture is not considered as a valid qualification for the post of Gram Sevak-Class - III. Mr. Munshaw also submitted that the nature of duties to be carried out by the Gram Sevak were related to the agriculture activities in the rural areas. The Diploma in Agriculture and Diploma in Horticulture being different and distinct subjects, the respondents holding a degree of Diploma in Horticulture are not duly qualified for the said post of Gram Sevak, Class - III. Relying upon the Government Policy laid down through the Government

C/LPA/200/2020 JUDGMENT DATED: 13/10/2021

Resolution dated 10.08.2016, Mr. Munshaw, submitted that the order passed by the learned Single Judge was contrary to the recruitment rules and therefore, the said order is required to be set aside. Mr. Munshaw, also submitted that the Government of Gujarat through the Panchayat Rural Housing and Rural Development Department amended the recruitment rules and by notification dated 01.01.2018 included the qualification of Diploma in Horticulture as a valid qualification. Mr. Munshaw, further submitted that at the time of advertisement dated 23.11.2016, the said qualification was not a valid qualification for the post of Gram Sevak, Class - III and therefore, the order passed by the learned Single Judge be quashed and set aside and the appeal be allowed.

5. Mr. MIG Mansuri, the learned counsel appearing for the respondents submitted that no error could be said to have been committed by the learned Single Judge while allowing the writ application. Mr. Mansuri, submitted that the learned Single Judge rightly held that the respondents were eligible for appointment to the post of Gram Sevak - Class-III being duly qualified in Diploma in Horticulture. Mr. Mansuri, further submitted that the appeal be dismissed and the appellants be directed to implement the directions given in the order dated 27.09.2019 by the learned Single Judge.

Analysis: -

6. It is not in dispute that the respondents are holding the degree of Diploma in Horticulture from the Sardar Krushinagar Dantiwada Agriculture University, Banaskantha. It is also not in dispute that pursuant to the advertisement dated 23.11.2016 for the post of Gram Sevak, Class-III, the respondents applied

C/LPA/200/2020 JUDGMENT DATED: 13/10/2021

online and, after following the due procedure of recruitment, were called for the verification of the original documents and certification.

7. The Panchayat, Rural Housing and Development Department issued a notification dated 01.01.2018 amending the recruitment rules and added Diploma in Horticulture as a valid qualification.

7.1 According to the respondents, the Horticulture is a branch of Agriculture and earlier the studies related to Horticulture were included in the studies of Agriculture and were under the Agricultural Universities in the State of Gujarat. The course of Diploma of Horticulture was segregated from agriculture and was introduced in the year 2006 in the State of Gujarat and their studies are conducted by any University, Vidhyapith or Institute recognized by the State of Gujarat which is also affiliated to Gujarat Agriculture University.

7.2 The learned Single Judge held the qualification of Diploma in Horticulture to be a valid qualification for the purpose of appointment to the post of Gram Sevak, Class - III relying upon the decision rendered in case of Leelaben (Supra), 2019(1) GLR 12 as referred to above. The Rule 3(b)(i) of the Panchayats, Housing and Rural Development Department notification dated 30.12.2014 reads thus:

"3(b)(i) either two years or three years Diploma in Agriculture or Bachelor in Rural Studies obtained from any of the Universities established or incorporated by or under the Central or State Act in India or any other educational institutions recognized as such or declared as Deemed University under section 3 of the University Grants Commission Act, 1956."

7.3 The qualification therefore required as Diploma in

C/LPA/200/2020 JUDGMENT DATED: 13/10/2021

Agriculture or bachelor in Rural Studies obtained from any of the University as indicated in the Rules. In case of Leelaben (Supra), the Court was concerned with the candidates having degree in Rural Studies. The State of Gujarat did not consider the same as requisite qualification. The Division Bench of this Court held that the specialization in degree of Bachelor in Rural Studies could be considered as valid qualification for appointment to the post of Gram Sevak, Class- III and the same should be considered for appointment pursuant to the Rules, 2014.

7.4 At this stage, we may quote the definition of "agriculture" under the Gujarat Tenancy and Agricultural Land Act, 1948 (for short 'the Act'). Section 2(i) of the Act reads thus:

"2(i) "agriculture" includes horticulture, the raising of crops, grass or garden produce, [the use by an agriculturist of the land held by him or a part thereof for the grazing of his cattle, the use of any land, whether or not an appanage to rice or paddy land, for the purpose of rab manure] but does not include allied pursuits or the cutting of wood only."

7.5 Section 2(i) of the Act defines "agriculture" which includes "horticulture" as a part of agriculture and therefore, there was no reason that the Diploma in Horticulture not to be equated qualification to the Diploma in Agriculture. The Diploma in Horticulture is also added as a valid qualification for the post of Gram Sevak, Class - III by the Panchayat Rural Housing and Development Department amending the recruitment rules vide notification dated 01.01.2018.

8. We inquired from Mr. Munshaw, the learned counsel appearing for the appellants, whether there is any vacant post of Gram Sevak, Class-III as on date? Mr. Munshaw, submitted that there are vacancies however, since the respondents are

C/LPA/200/2020 JUDGMENT DATED: 13/10/2021

holding the degree of Diploma in Horticulture which was not a valid qualification at the time of advertisement dated 23.11.2016, the respondents could not be considered for the appointment to the post of Gram Sevak, Class - III.

9. Having heard the learned counsel appearing for the parties and having considered the ratio laid down in the case of Leelaben (supra), we are of the view of that no error not to speak of any error of law could be said to have been committed by the learned Single Judge while passing the impugned order. We find no good reason to interfere with the findings recorded by the learned Single Judge.

9.1 In view of the statement made by Mr. Munshaw, the learned counsel appearing for the appellant, we direct the appellants to implement the order passed by the learned Single Judge within a period of four weeks from the date of the receipt of the order. Mr. Munshaw, the learned counsel submitted that the directions given by the learned Single Judge as well as by this Court will be complied with on or before 30.11.2021.

10. In the result, this appeal fails and is hereby dismissed.

(J. B. PARDIWALA, J)

(VAIBHAVI D. NANAVATI,J)

NEHA