Nishalkumar Kantilal Patel Petitioner v. State Of Gujarat & 1 S

ORAL ORDER

1. In all these group of petitions, the respective petitioners have prayed for an appropriate writ, order and/or direction, quashing and setting aside the impugned Government Resolution dated 17/08/2009. It is further prayed for an appropriate writ, order and/or direction, directing the respondents herein to reconsider the case of the respective petitioners and issue appointment order as Multipurpose Health Workers.

2. It appears from the respective petitions that the dispute is as to Whether the candidates, who have completed Sanitary Inspectors Course being conducted by All India Local Self Government and other Institutions only are eligible for the post of Multipurpose Health Workers?

and/or

Whether the respective petitioners and other similarly situated candidates having requisite qualification of Sanitary Inspectors from other Institutions recognized under the University Grant Commission Act, 1956 can also be said to be eligible for the post of Multipurpose Health Workers?

3. Ms. Krina Calla, learned Assistant Government Pleader under the instructions of Mr. R.M Chhatrapati, Under Secretary, Health and Family Welfare Department, Gandhinagar has stated at the Bar that issue with respect to consider the Certificate Course/Certificate obtained by the respective petitioners is under consideration by the State Government and appropriate decision shall be taken within a period of four weeks from today whether on the basis of Certificate Court/Certificate obtained by the respective petitioners, the petitioners and other similarly situated candidates can be considered eligible for appointment on the post in question or not.

4. Mr. T.R Mishra, learned advocate appearing on behalf of the respective petitioners has submitted that in that case, the concerned respondents be restrained from making any further appointments, otherwise, if all the posts are filled in, in that case, the respective petitioners shall be prejudiced and even if ultimately the State Government takes a decision to treat the petitioners and similarly situated candidates eligible, in that case also the petitioners will not be in a position, to get any relief and/or to consider their case on merits, as there shall be no post available.

5. Under the circumstances and in view of the statement made by Ms. Krina Calla, learned Assistant Government Pleader, as recorded hereinabove, the State Government is hereby directed to take appropriate decision with respect to whether on the basis of Certificate Course/Certificate obtained by the respective petitioners, the petitioners and other similarly situated candidates can be considered eligible for appointment on the post in question or not, within a period of one month from today without fail and until appropriate decision is taken by the State Government, the concerned respondents shall not proceed further with the recruitment for the post in question. With these, all these petitions are disposed of.