Sanjaykumar Hiralal Solanki And Others v. State Of Gujarat And Others

Bhargav D. Karia, J.:— Heard learned advocate Mr. Saurabh Mehta for the petitioners and learned Assistant Government Pleader Mr. Jayneel Parikh for the respondent-State.

2. By this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs:

“A. YOUR LORDSHIP may be pleased to issue a writ of Mandamus or any other appropriate writ or direction or order in nature of Mandamus to the Respondent authorities, its officers, agents servants etc., to consider the case of the present Petitioners for appointment.

B. Any other and further reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.”

3. It is the case of the petitioners that the petitioners are holding one year diploma in Sanitary Health Inspector from an institution named Bharat Sevak Samaj, National Development Agency, promoted by Government of India.

4. The petitioners on the basis of such Diploma Certificate applied for the post of Sanitary Health Inspector pursuant to the advertisement issued by the respondent No. 2 in the year 2014. The petitioners were called to appear in the written examination and the petitioners scored 57 and 53.20 marks respectively in the written examination and subsequently the name of the petitioners were also included in the provisional list at serial Nos. 10 and 29 respectively.

5. Thereafter it appears that during the verification of the documents by the respondent No. 3-Chief Medical Officer, the petitioners were not selected in view of the certificate issued by the Bharat Sevak Samaj which is not a recognized institute.

6. The petitioner did not take any further action after refusal by the respondent authority to grant appointment on the ground of the Diploma Certificate held by the petitioners.

7. It is the case of the petitioners that the petitioners came to know in the year 2020 that services of some of the similarly situated candidates of Jamnagar who were made permanent after completion of five years on the basis of the Diploma Certificate issued by the Bharat Sevak Samaj were sought to be terminated by the respondent authority and such persons preferred Special Civil Application No. 13035 of 2020 and this Court (Coram: Hon'ble Mr. Justice S.H. Vora) vide order dated 26.10.2020 issued notice and directed the respondent authorities to maintain status-quo qua service condition of the petitioners.

8. It is the case of the petitioners that in other similar case this Court appointed a committee vide order dated 25.04.2016 passed in Special Civil Application No. 14775 of 2015 and the committee opined that Sanitary Inspector Course run by the Bharat Sevak Samaj is not recognized by Planning Commission, UGC recognized University or deemed University, NCVT and Heath and Family Welfare Department of Government of Gujarat. Therefore accepting such report, the petition was dismissed and hence such employees preferred Letters Patent Appeal before this Court which is pending for adjudication.

9. Relying upon such litigation, the petitioners have preferred this petition with the aforesaid prayers.

10. In my opinion, the petition filed by the petitioners is premature petition as the issue with regard to consideration of the Diploma Certificate issued by the Bharat Sevak Samaj is pending for adjudication before the Division Bench in pending Letters Patent Appeal. Therefore the petition is devoid of any merits and is accordingly dismissed.