Gujarat High Court
State Of Gujarat vs Hetalben Ramniklalbhai Chavdagor on 22 January, 2024
Author: N.V.Anjaria
Bench: N.V.Anjaria
NEUTRAL CITATION
C/LPA/43/2024 ORDER DATED: 22/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 43 of 2024
In R/SPECIAL CIVIL APPLICATION NO. 12474 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2023
In R/LETTERS PATENT APPEAL NO. 43 of 2024
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STATE OF GUJARAT
Versus
HETALBEN RAMNIKLALBHAI CHAVDAGOR
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Appearance:
MS SHRUTI DHRUVE, AGP for the Appellant(s) No. 1,2
MR DIVYESH SEJPAL(1322) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 22/01/2024
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
Heard learned Assistant Government Pleader Ms.Shruti
Dhruve for the appellant and learned advocate Mr.Divyesh
Sejpal for the respondent.
2. The challenge in this Letters Patent Appeal is directed
against judgment and order dated 5.4.2022 of learned single
Judge. Special Civil Application filed by the respondent - original
petitioner came to be allowed. The respondents were directed by
learned single Judge to grant deemed date of promotion to the
petitioner with all consequential benefits taking 31.5.2017 as a
date treating the petitioner to be entitled to the promotion to the
post of Head Constable from that date, further to the post of
Assistant Sub-Inspector from 20.12.2020.
NEUTRAL CITATION
C/LPA/43/2024 ORDER DATED: 22/01/2024
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3. The petitioner was unarmed Police Constable, initially
appointed on fixed pay but subsequently came to be given
regular pay scale with effect from 19.3.2014. The petitioner
cleared the Course in Computer Concepts (CCC) examination in
February, 2011 passing the same from the Dr.Babasaheb
Ambedkar Open University.
3.1 When the petitioner was to be considered for promotion to
the police as Head Constable and further to the post of Assistant
Sub-Inspector, he came to be superseded and was not promoted.
The passing of CCC examination from the Dr.Babasaheb
Ambedkar Open University was not considered as valid by the
respondents.
4. In course of the hearing of the appeal, learned advocate for
the respondent - original petitioner submitted that the issue is
covered by the decision of this Court in Patel Chaitaliben
Bhikabhai Vs. State of Gujarat which was Special Civil
Application No.18543 of 2016 decided on 31.1.2017 as also
came to be confirmed by the Division Bench of this court in
Letters Patent Appeal No.977 of 2019 decided on 25.4.2019
involving the very aspect about the acceptance of passing of the
CCC examination from Dr.Babasaheb Ambedkar Open
University. It was pointed out by learned advocate for the
original petitioner that not only learned single Judge relied on
the decision in Patel Chaitaliben Bhikabhai (supra), the
State Authorities issued Resolution dated 15.1.2020 and
28.7.2020 in light of the decisions rendered by this court as
above. The issue was considered by yet another decision in
NEUTRAL CITATION
C/LPA/43/2024 ORDER DATED: 22/01/2024
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State of Gujarat Vs. Lalajibhai Velabhai Padsariya decided
by Division Bench of this court on 19.1.2020 in Letters Patent
Appeal No.1202 of 2023.
4.1 When learned Assistant Government Pleader was
confronted with the above position, she could not dispute the
position of law emanating from the decisions of Patel
Chaitaliben Bhikabhai (supra) and Lalajibhai Velabhai
Padsariya (supra).
5. As the Dr.Babasaheb Ambedkar Open University is treated
as recognized University and the CCC examination passed
therefrom is accepted by the authorities to be valid for the
purpose of granting promotion, the issue stands no longer res
integra. In the aforesaid view, no error is committed by learned
single Judge in allowing the petition. The Letters Patent Appeal
could not be entertained. It fails and accordingly dismissed.
In view of disposal of the Appeal, the Civil Application will
not survive. It is accordingly disposed of.
(N.V.ANJARIA, J)
(SANDEEP N. BHATT,J)
Manshi
