Gujarat High Court
State Of Gujarat vs Natvarbhai Shakerdas Patel on 16 March, 2023
Bench: Hemant M. Prachchhak
C/LPA/306/2023 ORDER DATED: 16/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 306 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 2923 of 2015
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In R/LETTERS PATENT APPEAL NO. 306 of 2023
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STATE OF GUJARAT
Versus
NATVARBHAI SHAKERDAS PATEL
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Appearance:
MR JAYNEEL PARIKH, GOVERNMENT PLEADER for the Appellant(s) No.
1,2,3
MR SHALIN MEHTA, SR. ADVOCATE, MS SHIKHA D PANCHAL(10764) for
the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI
and
HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 16/03/2023
COMMON ORAL ORDER
(PER : HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI)
1. This is an appeal, filed by the appellant-State,
original respondent, under Clause 15 of the Letters
Patent, challenging the common judgment and order
passed by the learned Single Judge, Dated:
08.03.2022, in Special Civil Application No. 2923 of
2015 and the allied matters, whereby, the learned
Single Judge allowed the petition filed by the
present Opponent-original petitioner.
2. Heard, learned AGP, Mr. Parikh, appearing for
the Appellants and learned Sr. Advocate, Mr. Shalin
C/LPA/306/2023 ORDER DATED: 16/03/2023
Mehta, with learned Advocate, Ms. Panchal, for the
Opponent.
3. Today, when the matter was taken-up for
hearing, learned Advocates for the parties, jointly,
submitted that against the impugned judgment and
order dated 08.03.2022, the appellant-State had
preferred Letters Patent Appeal Nos. 108 of 2023.
3.1 It was, further, submitted that the aforesaid
matters were listed for hearing before the Coordinate
Bench of this Court on 30.01.2023 and the Coordinate
Bench dismissed the same on the very same day. A copy
of the order dated 30.01.2023 is produced on record.
3.2 Learned Advocates for the parties submitted
that, since, the present matter also involves the
similar issue, this appeal may also be disposed of in
the light of the order dated 30.01.2023.
4. We have heard the learned Advocates for the
parties and also perused the material on record,
including the order dated 30.01.2023, wherein, the
Coordinate Bench of this Court has observed as under;
"5. Having considered the aforesaid, in our considered
opinion, the facts of the case on hand and the facts
those are recorded in Letters Patent Appeal No.205 of
2021 are more or less identical in nature, thereby the
order dated 08th February, 2021 passed by the
coordinate Bench squarely covers the issued involved in
C/LPA/306/2023 ORDER DATED: 16/03/2023
the present Letters Patent Appeal.
5.1 We find that while passing the impugned order,
learned Single Judge has atply noted the relevant
paragraphs of order dated 08th February, 2021 passed
in Letters Patent Appeal No.205 of 2021, which can be
quoted as under.
"[15.0] The petitioners are recruited prior to
01.01.1996 and hence, they are governed by the
Recruitment Rules when they were appointed and in
view of the qualification, which they were holding at
the relevant time. In view of the clarification of the
AICTE as well as the resolutions passed by the State
Government, the petitioners cannot be denied the
benefits of selection grade in view of the Notification
dated 07.01.1992 prescribed in the qualification for the
candidates, who are appointed by way of direct
selection to the post of Lecturers (Class-II).
[16.0] The Division Bench vide common order dated
08.02.2021 passed in Letters Patent Appeal No.205 of
2021 and allied matters has confirmed the judgment
dated 07.01.2020 passed in Special Civil Application
No.2918 of 2015 and allied matters by observing
thus:-
"10.4 Para 1.2 of the qualifications clearly mentions
that the revised qualifications as per Appendix-A,
experience would be applicable for only new
recruitees. Paragraph 1.3 is relevant for teachers
already in service, which clearly mentions that all
those appointed prior to 01.01.1996 and who
possessed a second class in their degree at
Bachelor's or Master's level at the time of
recruitment, however met all other qualifications at
the time of their recruitment, would be exempted
from requirement of first class. Further, as per the
C/LPA/306/2023 ORDER DATED: 16/03/2023
Government Resolution dated 31.12.2012
exemption was granted from Master's Degree to the
teachers appointed prior to 01.01.1996 for being
considered for award of pay-scale of Lecturer
(Selection Grade). Therefore, at the time of
consideration of career advancement in 2013, the
writ petitioners would become eligible and ought to
be treated to be qualified for being extended the
benefit of pay-scale of Lecturer (Selection Grade).
10.5 It would be also relevant to note that even the
Expert Committee constituted by the AICTE for the
purpose of clarification / removal of anomalies, at
Item No.10 of its report recommended for relaxation
of qualification for teachers who had been recruited
prior to 01.01.1996 to be considered for Career
Advancement Scheme for both the higher pay
scales i.e. from lecturer to senior scale and senior
scale to selection grade. Item No.10 of the
Committee report is reproduced below:
"Item No.10 : Anomaly in AICTE recommended
pay scales for teachers of diploma level
technical institutions (polytechnics) Decision
Taken: The committee had discussed the issue
at length and it was decided that the teachers
who have been recruited prior to 1.1.1996,
should be governed by the existing
Recruitment Rules (RR's). So, the committee
recommends relaxation of qualification for such
teachers to consider them for CAS in the grade
of Lecturer (i.e. from Lecturer to senior grade
and from senior grade to selection grade) and
also for those who were promoted before the
implementation of revised AICTE pay scales &
service conditions. (From the date of AICTE
notification to the date of implementation of the
same by the concerned State Government /
C/LPA/306/2023 ORDER DATED: 16/03/2023
Union Territory)."
10.6 Once the said relaxation has already been
provided and once the Government decided vide
Government Resolutions dated 20.06.2001 and
31.12.2012 to extend the benefit of grant of
selection grade to the teachers appointed prior to
01.01.1996 by extending relaxations and who had
the requisite qualifications at the time of initial
appointment as also experience, which is not now
disputed, there was no justification for the
Directorate not to grant the benefit. The learned
Single Judge to the above extent of granting the
above benefit was correct, however, the reasoning
may not be correct. Therefore, the decision as per
the communication dated 22.10.2014 of the
Directorate in holding that as the petitioners
possessed second class Bachelor Degree they
were not entitled for grant of selection grade cannot
be sustained. The selection grade would be
admissible to the petitioners as per the terms of the
Government Resolution dated 31.12.2012." [17.0]
Thus, the Division Bench has held that the selection
grade would be admissible as per the directions of
the Government Resolution dated 31.12.2012."
6. In view of the aforesaid, we are unable to take a
different view than that of the view taken by the
coordinate Bench of this Court in Letters Patent Appeal
No.205 of 2021 as the facts recorded in that Appeal and
the facts of the present Appeal are identical in nature.
7. For the foregoing reasons, the present Letters Patent
Appeal is bereft of any merits and deserves to be
dismissed. The Letters Patent Appeal is hereby
dismissed accordingly."
4.1 In view of the aforesaid observations made by
C/LPA/306/2023 ORDER DATED: 16/03/2023
the Coordinate Bench of this Court, this appeal shall
not survive and deserves to be dismissed.
5. Resultantly, the present appeal fails and is
DISMISSED, accordingly.
5.1 In view of the disposal of the main matter,
Civil Application shall not survive and the same
also stands disposed of.
(VIPUL M. PANCHOLI, J)
(HEMANT M. PRACHCHHAK,J)
UMESH/-
