Gujarat High Court
State Of Gujarat vs Nitaben Merubhai Parmar on 27 June, 2024
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/LPA/383/2024 ORDER DATED: 27/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 383 of 2024
In R/SPECIAL CIVIL APPLICATION NO. 11687 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
In R/LETTERS PATENT APPEAL NO. 383 of 2024
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STATE OF GUJARAT & ORS.
Versus
NITABEN MERUBHAI PARMAR
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Appearance:
MR SAHIL TRIVEDI, AGP for the Appellant(s) No. 1,2,3,4
MR M T SAIYAD(3848) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 27/06/2024
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The present appeal filed under Clause 15 of the Letters
Patent, 1865 is directed against the judgment and order dated
21.03.2022 passed in the captioned writ petition, whereby the
learned Single Judge has allowed the writ petition and directed
the appellant - State Authority to reconsider the case of the
respondent - original petitioner for promotion to the post of
Forester, on the basis of the seniority list dated 24.05.2021 and
also to grant deemed date.
2. Learned Assistant Government Pleader Mr. Sahil Trivedi
has submitted that the learned Single Judge has fallen in error
by issuing such direction while allowing the writ petition since
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C/LPA/383/2024 ORDER DATED: 27/06/2024
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the respondent - original petitioner, who joined the service in
the year 2010, had joined the training center and had taken
the examination of Course on Computer Concept (CCC) from
Dr. Babasaheb Ambedkar Open University situated at Shri D.
C. M. Arts and Commerce College, Viramgam, which is not
recognized by the State Government. He submitted that on the
basis of such examination the original petitioner - respondent
herein was placed in the gradation list of Beat Guard for
further promotion and thereafter on 03.07.2021, final gradation
list was published by the appellant authorities and in which he
was placed at Sr. No. 19 on the basis of clearing of CCC
examination from Dr. Babasaheb Ambedkar Open University.
2.1 Learned Assistant Government Pleader Mr. Trivedi has
further submitted that the learned Single Judge has erred in
considering the examination passed by the respondent from Dr.
Babasaheb Ambedkar Open University in the year 2010 by
placing reliance on the Government Resolution dated
22.02.2010. However, it is an admitted fact that the
respondent - original petitioner had passed the CCC
examination again from Gujarat University on 13.10.2019 and
hence, the seniority was required to be considered from such
date, which the authorities have precisely done. Thus, it is
heard that this vital aspect has not been considered by the
learned Single Judge in its correct perspective and hence, the
impugned judgment and order may be set aside.
3. Per contra, learned advocate Mr. Saiyed appearing for the
respondent - original petitioner at the outset has submitted
that the issue is squarely covered by the order dated
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19.10.2023 passed by the Co-ordinate bench in Letters Patent
Appeal No. 1202 of 2023. It is submitted that the said
judgment has become final and the only difference is that the
employee in the said case, had obtained the certificate from
Shri Haribapa Charitable Trust Arts and Commerce College,
which figures at Sr. No. 124 of Schedule C of resolution dated
07.05.2010 whereas Shri D.C.M. Arts and Commerce College,
from where the present respondent has obtained CCC
certificate, which falls under Dr. Babasaheb Ambedkar Open
University, is placed under Sr. No. 8. It is thus, submitted that
the present appeal may not be entertained.
4. We have heard the learned advocates appearing for the
respective parties.
5. The appellants in fact, have admitted that the center of
Shri D.C.M. Arts and Commerce College was under the Dr.
Babasaheb Ambedkar Open University, from where the
respondent - original petitioner has cleared the CCC
examination and the training. The perusal of the resolution
dated 07.05.2010, which recognizes the Dr. Babasaheb
Ambedkar Open University for the purpose of training of CCC
and CCC+ examination and the Schedule C annexed with such
resolution dated 07.05.2010, mentions about the various
institutes, total 179 in number and such institutes have been
recognized by the State Government, which can impart the
training in CCC examination and accordingly issue them
certificates. The name of the institute Shri D.C.M. Arts and
Commerce College, Viramgam at Ahmedabad from where the
respondent has undertaken the necessary training in CCC and
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C/LPA/383/2024 ORDER DATED: 27/06/2024
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has been issued the certificate figures at Sr. No.8, whereas at
Sr. No. 124 is the institute Shri Haribapa Charitable Trust,
which fell for consideration by the Division Bench in Letters
Patent Appeal No. 1202 of 2023. The Division Bench has
rejected the Letters Patent Appeal filed by the State
Government challenging the direction issued by the learned
Single Judge, which was in similar lines to the impugned
judgment and order in the present appeal. The Division Bench
has observed as under:-
"6.1 Resolution dated 7.5.2010 referred to above mentions
resolution dated 16.10.2007. Since the reference to the said
Resolution dated 16.10.2007 was to throw light on the
controversy, the court required learned Assistant Government
Pleader to produce the Resolution. The same was produced
before the court. Resolution dated 16.10.2007 contemplated
inter alia in the resolution that all the Centers of Dr. Babasaheb
Ambedkar University were treated as recognised training centers
for CCC examination required to be passed by government
employee.
6.2 Reading the same with the schedule attached to resolution
dated 7.5.2010, the Center named Shri Haribapa Charitable
Trust Arts and Commerce Collage, Maninagar, Jasdan, Rajkot.
figures at Sr. No. 124 in the list of centers mentioned in
Schedule C.
6.3 Schedule C is the list of Centers which have been continued
even after list of Centers produced at Schedule C, which were
the Centers cancelled and derecognised. In the cancelled list at
schedule C, the Center of said Shri Haribapa Charitable Trust
Arts and Commerce Collage is not mentioned.
6.4 On the other hand, Resolution dated 7.5.2010 itself
unequivocally contemplates that all those Centers mentioned in
Schedule C shall be treated as recognised Centers. It is to be
stated at the cost of repetition that the Center of Shri Haribapa
Charitable Trust Arts and Commerce Collage, Maninagar, from
which the petitioner passed CCC examination figures as
recognised Center of Dr. Babasaheb Ambedkar University in the
said Schedule C containing the list of recognised centers. Even
on facts also, thus the stand and defence of the respondents
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falls flat.
6.5 In that view, since the petitioner passed the CCC
examination on 7.1.2010 from the recognised center of Dr.
Babasaheb Ambedkar University, he was entitled to be placed
in the seniority list on the basis of the date of passing of the
examination, that is 2.1.2010. He is entitled to be treated for
the purpose of his placement as per gradation list published on
19.6.2021. The respondents are directed to treat the petitioner
eligible accordingly as taking his date of passing of examination
from the recognised center from 2.1.2010 ."
6. Learned Assistant Government Pleader has been unable to
point out any difference in both the matters, except the name
of the institutes, from which the employees have procured the
CCC certificate. Hence, we do not find any infirmity or
illegality in the judgment and order passed by the learned
Single Judge allowing the writ petition. The Letters Patent
Appeal fails and the same is hereby rejected.
7. In view of disposal of the main matter, the connected
Civil Application would not survive.
(A. S. SUPEHIA, J)
(MAUNA M. BHATT,J)
SHRIJIT PILLAI/31
