Dodia Haresh Rambhai vs State Of Gujarat

Biren Vaishnav, J

RULE returnable forthwith. Mr.Soaham Joshi learned AGP waives service of notice of Rule on behalf of the respondent State, Ms.R.V.Acharya learned advocate waives service of notice of Rule on behalf of the respondent No.2 and Mr.B.H.Kher learned waives service of notice of Rule on behalf of the respondent No.3.

With the consent of learned advocates for the respective parties, the petition is taken up for final hearing.

By way of this petition under Article 226 of the Constitution of India, The petitioner has prayed for a direction that deletion of his name from the final select list of Gram Sevek is illegal.

The petitioner in this case was possessing a diploma in B.Sc. in Agro Process which was not considered as for including his name in the final select list.

This Court, in a similar matter being Special Civil Application No.10775 of 2019, vide an order dated 27.07.2022 held as under:

“1 Rule returnable forthwith. Learned advocates appearing for the respective respondents waives service of notice of rule on behalf of the respective respondents.

2 Heard Mr.Gautam Joshi, learned Senior Counsel with Mr.Dipesh Soni, learned advocate for the petitioner, Mr.Soaham Joshi, learned Assistant Government Pleader for the State – respondent No.1 and Mr.B.H.Kher, learned advocate for respondent No.3. Though served, nobody appears for respondent No.2.

3 The prayer of the petitioner is to quash and set aside the action of the respondent in denying appointment to the petitioner on the post of Gram Sevak by holding that the deletion of his name from the Select List is illegal.

4 Shortly stated, the case of the petitioner is that pursuant to an advertisement inviting applications for the post of Gram-Sevak in November 2016, the petitioner applied for the post. The requisite qualification prescribed was Diploma in Agriculture or Bachelor in Rural Studies.

4.1 The petitioner applied online and appeared at the written test. The name of the petitioner appeared on the provisional list at serial no. 30 and he was called for verification of the documents.

5 Mr. Gautam Joshi, learned Senior Counsel would submit that though the petitioner had acquired 23.300 and the cut off of the SEBC category was 21.600 marks, due to the qualification of holding Certificate of Diploma in Agro Process, the petitioner’s name was deleted from the final select list.

5.1 Reliance is placed on a judgement of the Division Bench rendered in Letters Patent Appeal No. 349 of 2018, where the appellants had approached the Division Bench on being aggrieved by the order of the learned Single Judge where Bachelor of Rural Studies (Home Science) was not treated to be a qualification prescribed. The Division Bench in para 15 of the judgement, considering the job chart held the appellants eligible in accordance with the recruitment rules in question. Para 15 of the Division Bench judgement reads as under:

“15. The above position of law is to be examined in the context of the Government of Gujarat Resolution dated 10.11.2000 (page 256 in LPA 350 of 2018) whereby it is resolved to chart out a job chart for Gram Sevaks. The preamble of the resolution suggested that in the year 1952 a cadre of Gram Sevaks was constituted in the administrative setup as a result of consolidated development programme at the village level. According to the resolution, the Gram Sevaks had to carry out various duties in connection with agricultural production and various other activities connected thereto. The preamble further suggested that by virtue of the resolution dated 05.05.1988, the cadres of Gram Sevak (multipurpose), Gram Sevak (training and visit) and Agriculture Assistant (Panchayat) were consolidated and made into one cadre namely that of “Gram Sevaks”. In view of such consolidation of cadres into one, it was necessary, according to the resolution to reconstitute the job chart.

(A) It was therefore resolved by the resolution under reference that the consolidated cadre of Gram Sevaks would be placed under the Taluka Development Officer. It was further resolved that a job chart will be so prepared in consultation with the Development Commissioner, and the Director of Agriculture. The District Development Officer shall reasess the nature of work of Gram Sevaks. In such reassessment, the number of agriculturist, the group of such rural development groups shall be considered. The Gram Sevaks would also have to carry out work relating to agriculture, bagayat, rural development and duties concerned with panchayat and other government departments. The job chart was therefore listed with this resolution. In brief, there were about 20 such nature of duties which read as under:

➢ Giving advice on scientific advancements in the field of agriculture and co-ordinating between the agricultural officers and the farmers so as to see that complete information reaches the farmer.

➢ To visit the village and be in contact with agriculturists group and hold sabhas and disseminate information in the context of agricultural related technology.

➢ To maintain registers.

➢ To co-ordinate with the District Rural Development Agencies to ameliorate the conditions of families in the village who are below poverty line.

➢ In accordance with the instructions of the District and Taluka Development Officers, to create sources of income for beneficiaries of various schemes.

➢ Make a concerted effort to see that the rural mass is uplifted above the poverty line. To maintain contact with village folk especially of the lower caste and down trodden.

➢ The Taluka Development Officer could also assign duties in context of implementation of development schemes for the economic upliftment of adivasis / scheduled caste – scheduled tribes classes.

➢ The Gram Sevak shall also be responsible for implementation of the National Rural Employment Schemes. ➢ He shall also carry out such duties as are necessary and entrusted by the Taluka Development Officer.

(B) Another Resolution dated 25.01.2006 was framed by the State and in super-session of resolution of 10.11.2000, it was resolved that:

➢ The total number of vacant posts would be entrusted under the control of Rural Development Department and the Panchayat and Rural Development Department shall frame a job chart. The resolution further stated that the Gram Sevaks apart from carrying out duties under the Rural Development and Krishi Mahotsavs shall also carry out work related to E-Gram Yojnas.

➢ The job chart enlisted with the resolution at Schedule-1 was more or less similar to the one of the resolution of 10.11.2000, however, the title to such schedule stated that the job chart pertained to Gram Sevaks (Training and Visit) and Gram Sevak (multipurpose)”

6 It is also to be noted that even the stand of the State as is evident from the communication dated 26.02.2018 is in favour of the interpretation canvassed by the learned counsel for the petitioner.

7 Accordingly, in light of that, the petition is allowed. The action of the respondents in denying appointment to the petitioner is held to be had. The respondents are directed to give appointment to the petitioner as GramSevak within a period of 12 weeks from the date of receipt of copy of this order. The petition is allowed, accordingly. Rule is made absolute to the above extent.”

In view of the above quoted order, the petition is allowed. The action of the respondents in denying appointment to the petitioner is held to be had. The respondents are directed to give appointment to the petitioner as Gram Sevak within a period of 12 weeks from the date of receipt of copy of this order. The petition is allowed, accordingly. Rule is made absolute to the above extent. Direct service is permitted.