Gujarat High Court
Jogadiya Dhruv Vaghjibhai vs State Of Gujarat on 23 June, 2025
NEUTRAL CITATION
C/SCA/7593/2014 ORDER DATED: 23/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7593 of 2014
With
R/SPECIAL CIVIL APPLICATION NO. 7595 of 2014
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JOGADIYA DHRUV VAGHJIBHAI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR NK MAJMUDAR(430) for the Petitioner(s) No. 1
MR HENIL SHAH, AGP for the Respondent(s) No. 1,2,3,5
MR HS MUNSHAW(495) for the Respondent(s) No. 4
RULE SERVED for the Respondent(s) No. 6
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 23/06/2025
ORAL ORDER
1. These petitions are filed for the following prayers:
"11(A) admit this petition.
(B) issue appropriate writ, order or direction directing the
concerned respondent authorities to consider the case of the
petitioner for regularization of his services/permanent
absorption on the sanctioned post of Medical Officer, Class-II
(Ayurved) in view of the G.R. dated 20/7/206 and to treat
him as absorbed permanently on completion of her 5 years
period in view of the G.R. dated 20/7/2006 in the aforesaid
peculiar facts and circumstances of the case.
(C) issue appropriate writ, order or direction directing the
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concerned respondent authorities to regularize the services of
the petitioner and absorb him on permanent basis to the
post of Medical Officer (Ayurved) Class-II in view of the
G.R.dated 20/7/2006 with all consequential benefits;
(D) pending admission and final disposal of this petition be
pleased to pass interim order restraining the concerned
respondent authorities from putting an end to the services of
the petitioner till the aforesaid petition is finally heard and
disposed of.
(E) xxxx"
2. Heard learned advocates for the parties.
3. Learned advocate for the petitioner submits, from
the facts mentioned in the petition that, the petitioners were
having qualification of BAMS which is considered as valid
qualification for the post of Medical Officer, Class-II
(Ayurved) and the state government, vide resolution dated
20.7.2006, passed a resolution and taken a decision to fill up
482 sanctioned posts of Medical Officers, Class-Ii by giving
appointment to the candidates holding non-MBBS degree. The
petitioners were given appointment as Ayurved Medical
Officer for a period of 11 months on contractual basis and
the same was continued from time to time and they are
serving as such. He submitted that the petitioners'
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C/SCA/7593/2014 ORDER DATED: 23/06/2025
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appointment has been made by the concerned respondent
authorities from time to time under G.R.dated 20.7.2006 on
permanent sanctioned posts of Medical Officer (Ayurved) and
on completion of five years from the initial date of
appointment, the petitioners' ought to have considered the
case of the petitioners for regularization/permanent absorption
of her/his services to the post of Medical Officer (Ayurved)
Class-II. However, as the respondents authorities are not
considered the case of the petitioners for regularization of
her/his services/permanent absorption to the post of Medical
Officer (Ayurved), Class II in view of the G.R.dated
20.7.2006, the present petition is filed.
4. At this stage, learned advocate for the petitioners
has submitted that a group of petitions wherein similar set
of facts were involved was decided by the coordinate Bench
of this Court vide order dated 28.9.2018 passed in Special
Civil Application No.18294 of 2013 and allied matters and
the facts of the present petitions are covered by the said
judgment. He produced a copy of the said order for perusal
of this Court.
5. Learned AGP Mr.Shah, on perusal of the facts of
the case on hand and the judgment referred to and relied on
by learned advocate for the petitioners, submitted that these
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petitions are covered by the said judgment and appropriate
order may be passed.
6. Considering the facts of the present case, the
material available on the record, the submissions advanced by
learned advocates for the parties and the judgment referred
to and relied on by learned advocate for the petitioners,
wherein the coordinate Bench of this Court, has discussed
and observed in the similar set of facts and dismissed the
said petitions, these petitions are also required to be
dismissed.
7. Accordingly, these petitions dismissed. Rule is
discharged. Interim relief, if any, stands vacated.
(SANDEEP N. BHATT,J)
SRILATHA
