Gujarat High Court
Hiren Govindbhai Nandaniya vs State Of Gujarat on 27 July, 2022
Bench: Biren Vaishnav
C/SCA/10775/2019 JUDGMENT DATED: 27/07/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10775 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE BIREN VAISHNAV
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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 ?
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HIREN GOVINDBHAI NANDANIYA
Versus
STATE OF GUJARAT
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Appearance:
MR. GAUTAM JOSHI, SENIOR COUNSEL WITH MR DIPESH D SONI(9996)
for the Petitioner(s) No. 1
MR. SOAHAM JOSHI, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
MR BH KHER(6027) for the Respondent(s) No. 3
NOTICE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 27/07/2022
ORAL JUDGMENT
1 Rule returnable forthwith. Learned advocates
appearing for the respective respondents waives service
C/SCA/10775/2019 JUDGMENT DATED: 27/07/2022
of notice of rule on behalf of the respective respondents.
2 Heard Mr.Gautam Joshi, learned Senior Counsel
with Mr.Dipesh Soni, learned advocate for the petitioner,
Mr.Soaham Joshi, learned Assistant Government Pleader
for the State - respondent No.1 and Mr.B.H.Kher, learned
advocate for respondent No.3. Though served, nobody
appears for respondent No.2.
3 The prayer of the petitioner is to quash and set aside
the action of the respondent in denying appointment to
the petitioner on the post of Gram Sevak by holding that
the deletion of his name from the Select List is illegal.
4 Shortly stated, the case of the petitioner is that
pursuant to an advertisement inviting applications for the
post of Gram-Sevak in November 2016, the petitioner
applied for the post. The requisite qualification
prescribed was Diploma in Agriculture or Bachelor in
Rural Studies.
4.1 The petitioner applied online and appeared at the
C/SCA/10775/2019 JUDGMENT DATED: 27/07/2022
written test. The name of the petitioner appeared on the
provisional list at serial no. 30 and he was called for
verification of the documents.
5 Mr. Gautam Joshi, learned Senior Counsel would
submit that though the petitioner had acquired 23.300
and the cut off of the SEBC category was 21.600 marks,
due to the qualification of holding Certificate of Diploma
in Agro Process, the petitioner's name was deleted from
the final select list.
5.1 Reliance is placed on a judgement of the Division
Bench rendered in Letters Patent Appeal No. 349 of 2018,
where the appellants had approached the Division Bench
on being aggrieved by the order of the learned Single
Judge where Bachelor of Rural Studies (Home Science)
was not treated to be a qualification prescribed. The
Division Bench in para 15 of the judgement, considering
the job chart held the appellants eligible in accordance
with the recruitment rules in question. Para 15 of the
Division Bench judgement reads as under:
"15. The above position of law is to be examined in
the context of the Government of Gujarat Resolution
C/SCA/10775/2019 JUDGMENT DATED: 27/07/2022
dated 10.11.2000 (page 256 in LPA 350 of 2018)
whereby it is resolved to chart out a job chart for
Gram Sevaks. The preamble of the resolution
suggested that in the year 1952 a cadre of Gram
Sevaks was constituted in the administrative setup
as a result of consolidated development programme
at the village level. According to the resolution, the
Gram Sevaks had to carry out various duties in
connection with agricultural production and various
other activities connected thereto. The preamble
further suggested that by virtue of the resolution
dated 05.05.1988, the cadres of Gram Sevak
(multipurpose), Gram Sevak (training and visit) and
Agriculture Assistant (Panchayat) were consolidated
and made into one cadre namely that of "Gram
Sevaks". In view of such consolidation of cadres into
one, it was necessary, according to the resolution to
reconstitute the job chart.
(A) It was therefore resolved by the resolution under
reference that the consolidated cadre of Gram
Sevaks would be placed under the Taluka
Development Officer. It was further resolved that a
job chart will be so prepared in consultation with the
Development Commissioner, and the Director of
Agriculture. The District Development Officer shall
reasess the nature of work of Gram Sevaks. In such
reassessment, the number of agriculturist, the group
of such rural development groups shall be
considered. The Gram Sevaks would also have to
carry out work relating to agriculture, bagayat, rural
development and duties concerned with panchayat
and other government departments. The job chart
was therefore listed with this resolution. In brief,
there were about 20 such nature of duties which
read as under:
➢ Giving advice on scientific advancements in the
field of agriculture and co-ordinating between the
agricultural officers and the farmers so as to see
that complete information reaches the farmer.
➢ To visit the village and be in contact with
agriculturists group and hold sabhas and
C/SCA/10775/2019 JUDGMENT DATED: 27/07/2022
disseminate information in the context of
agricultural related technology.
➢ To maintain registers.
➢ To co-ordinate with the District Rural
Development Agencies to ameliorate the conditions
of families in the village who are below poverty line.
➢ In accordance with the instructions of the
District and Taluka Development Officers, to create
sources of income for beneficiaries of various
schemes.
➢ Make a concerted effort to see that the rural
mass is uplifted above the poverty line. To maintain
contact with village folk especially of the lower caste
and down trodden.
➢ The Taluka Development Officer could also
assign duties in context of implementation of
development schemes for the economic upliftment of
adivasis / scheduled caste - scheduled tribes classes.
➢ The Gram Sevak shall also be responsible for
implementation of the National Rural Employment
Schemes.
➢ He shall also carry out such duties as are
necessary and entrusted by the Taluka Development
Officer.
(B) Another Resolution dated 25.01.2006 was
framed by the State and in super-session of
resolution of 10.11.2000, it was resolved that:
➢ The total number of vacant posts would be
entrusted under the control of Rural Development
Department and the Panchayat and Rural
Development Department shall frame a job chart.
The resolution further stated that the Gram Sevaks
apart from carrying out duties under the Rural
Development and Krishi Mahotsavs shall also carry
out work related to E-Gram Yojnas.
➢ The job chart enlisted with the resolution at
Schedule-1 was more or less similar to the one of
the resolution of 10.11.2000, however, the title to
such schedule stated that the job chart pertained to
Gram Sevaks (Training and Visit) and Gram Sevak
(multipurpose)"
C/SCA/10775/2019 JUDGMENT DATED: 27/07/2022
6 It is also to be noted that even the stand of the State
as is evident from the communication dated 26.02.2018 is
in favour of the interpretation canvassed by the learned
counsel for the petitioner.
7 Accordingly, in light of that, the petition is allowed.
The action of the respondents in denying appointment to
the petitioner is held to be had. The respondents are
directed to give appointment to the petitioner as Gram-
Sevak within a period of 12 weeks from the date of
receipt of copy of this order. The petition is allowed,
accordingly. Rule is made absolute to the above extent.
(BIREN VAISHNAV, J)
BIMAL
