MULTIPURPOSE EMPLOYEES UNION v. STATE OF GUJARAT

appointment of Multipurpose Health Workers (Male/Female) .

It is the grievance of the petitioner that the word 'recognized by the Government of Gujarat' is interpreted by the District Panchayat in a truncated manner and therefore, the candidates are loosing their chances of being considered even if, they clear the requisite examination. It is also the say of the petitioner that in absence of any qualifications from the University other than universities situated outside the State of Gujarat as specifically referred in the advertisement of the District Panchayat Selection Board, they have refused to consider the case of those Multipurpose Health workers who have otherwise obtained degrees from a deemed University or a recognized University. Mr. Rashesh Rindani, learned AGP has strongly objected against the Union taking the courses in general without specifying any details. According to him, an individual cause can be ventilated before the Court as and when it arises. He has sought to rely upon the decision rendered in case of

Pratikkumar Natwarbhai Barot and 3 Vs. Sabarkantha District Panchayat Thro Chief District Health Officer passed in SCA No. 13671

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of 2012 and vide its order dated 27.11.2012 [Coram:Mr.S.R.Brahmbhatt,J], the Court has redressed the individual cause of the Multipurpose Health Workers. He has also submitted that an advertisement which is sought to be challenged itself provides for recognizing those candidates who have obtained the degree/diploma from the University having equivalent courses. Mr.H.S.Munshaw, learned advocate appearing for the District Panchayat submits that District Panchayat Selection Board is headed by the Chairman or Member of the Board and every District has a separate District Panchayat Selection Board where the District Development Officer is ex-facie Secretary to the committee. All these persons are aware of the periodical resolution issued by the Government and even the Government Resolution dated 17.11.2009 is also known to them. The petitioner has sought the following prayers in this petition :-

(A) That Your Lordships be pleased to issue an order, direction and/or writ in the nature of mandamus and/or any other appropriate writ, order or direction, directing the respondent to correct the Advertisement with regard to educational qualification by impleading that the candidate who

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have passed Multipurpose Health Worker (Male )or Sanitary Inspector's course, from any University inside or outside the State of Gujarat, established by law or deemed university recognized by University Grant Commission Act, 1956 are eligible for being considered for appointment on the post of Multipurpose Health Worker (Male);

(B) Pending admission and final disposal of this petition, Your Lordships be pleased to issue direction to the respondent to all the District Panchayats in the State of Gujarat to amend the Advertisement accordingly;

(C) Any other and such further relief as the Hon'ble Court deems fit and proper in the interest of justice together with costs;

It is say of the learned advocate appearing for the Petitioner-Union that the correction in the advertisement is needed with regard to the educational qualifications. It should be specified that the educational qualification should clarify that the candidates who have passed Multipurpose Health Worker (Male) or Sanitary Inspector's course from any University inside or outside the State of Gujarat, established by Law or deemed university recognized by University Grant Commission Act, 1956 are eligible for being considered for

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appointment on the post of Multipurpose Health Worker (Male) .

As could be noted from the very advertisement, it reflects the qualifications for those who apply for the post of Multipurpose Health Workers and it also specifies that the candidates should be either clearing class 10 examination with Gujarat Board or any equivalent of the same. He should also possess training for the basic course of Multipurpose Health Workers from any Government recognized Institution or he ought to have cleared the examination of Sanitary Inspector from a Government recognized Institute.

Government Resolution dated 17.11.2009 is extremely clear, which refers to earlier GR and also indicates that all those courses run by those Universities or deemed universities recognized by the University Grant Commission are to be accepted for the purpose of considering the qualifications of the candidates applying for the post of Multipurpose Health Workers. It is expected that every time recruitment to the post of Multipurpose Health Workers (male or female) is undertaken, the concerned District Panchayat Selection Board which is operating in every District for the purpose of

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selecting such candidates would have the knowledge of these details particularly when the same is supervised by the District Panchayat Selection Board headed by a Chairman or a member of the Board under the Panchayat, Rural Housing and Rural Development Department. These Boards also

can further look into the same to avoid giving rise to litigation and to aver any confusion in this regard. Therefore, to entertain this petition by giving or issuing directions in abstract would be undesirable. This petition therefore in limini is dismissed. Rule is discharged.

(MS SONIA GOKANI, J.)

BINA

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