GOVINDRAMBHAI RAJARAMBHAI GAMOT vs STATE OF GUJARAT & ORS

Heard learned advocate Mr. Ankit Bachani for the petit ioner and learned advocate Mr. Dipen Desai for the second respondent. Learned Assistant Government Pleader Mr. Utkarsh Sharma appeared for the respondent state.

The petit ioner herein, presenting himself as a member of the Agricultural Produce Market Committee, Vav and a social worker, by means of this petit ion, has sought to challenge the appointment of the Secretary, Market Committee, Vav. The petit ioner has further prayed in that connection, to set aside Resolution No. 8 dated 28.02.2016 passed by the Market Committee and also to carry out the select ion procedure afresh.

As per the facts available from the record of the petit ion, the post of Secretary, APMC. Vav was advertised in the newspaper on 15.10.2015, marking init ia t ion of the recruitment process. In response, 33 applicat ions were received. The interviews of the candidates were kept on 26.12.2015, but were postponed as the Distric t Registrar was not present. Thereafter, the General Body met and passed the Resolution authoris ing the Chairman and Distr ict Registrar and the interviews were scheduled on 16.02.2016. The candidates were interviewed and at the end of the process, one Chaudhary Lalj ibhai Mulj ibhai was considered fit and meritorious for being appointed. 3.1 Taking into account and recording all the aforesaid facts, the impugned Resolution was passed after due deliberat ions. It was recorded that all the 10 members favoured the resolut ion to appoint said Mr. Chaudhary as a Secretary, while on member Gamot Govindrambhai Rajarambhai objected saying that interviews were not conducted as per the Rules. It appears that the new Secretary was handed over the charge also. It further appears that the objection related to nonproduction of degree certi f i cate corresponding to mark-sheet and non-production of mark- sheet of fourth semester, to contend that the appointee did not possess the eligib i l i t y . It was object also as to whether Chairman and another member, both took the interview.

The second respondent through its Chairman fi led replyaff idavit and contested the petit ion.

Having noticed the basic facts, the relevant provisions in the Gujarat Agricultural Produce Market Act, 1963, relat ing to the appointment of the Secretary may be looked into. Section 22 which deals with appointment of Secretary of the Market Committee and condit ions of services apply. 5.1 Section 22 reads under. "22. Appointment of servants of market committee and conditions of service:-

(1) There shall be a Secretary for every market committee, who shall be appointed by the market committee with the approval of the Director and subject to the terms and conditions prescribed. The Secretary shall exercise such powers and perform such duties as the market committee may from time to time direct.

(2) The market committee may employ such other officers and servants as may be necessary for the management of the market. The market committee shall , in the case of any officer or servant of Government whom it employs pay such pension, contribution, gratuity or leave allowance as may be required by the conditions of his service under Government for the time being in force.

(3) Subject to any rules made in this behalf, the market committee may provide for the payment to its officer and servants of such salaries, leave, allowances, pensions or gratuit ies as it deems proper, and may contribute to any provident fund which may be established for their benefit ."

5.2 The aforesaid section inter alia provides that a Secretary for every market committee shall be appointed and the appointment shall be with approval of the Director. In the Gujarat Agricultural Produce Market Rules, 1965, Rule 41 deals with the appointment of the Secretary.

5.3 Rule 41 is reproduced hereinbelow, "41. Appointment of Secretary. (1) Save as otherwise provided in sub- rule(2) the person to be appointed as a Secretary of a market committee shall be a Commerce graduate or Arts graduate with economics or Science graduate with agriculture of a recognised University. (2) A person not possessing any of the qualif i cat ions specif ied in sub- rule(1) may be appointed as Secretary, if : - (a) such appointment is temporary, or (b) the annual income of the market committee is less than fi f teen thousand rupees, or (c) such appointment is by promotion from amongst the officers or servants of the market committee, or (d) in deserving cases the condition prescribed in subrule(I ) is relaxed by the Director. (3) No secretary shall be removed from office, reduced in rank or suspended unless by the assent of at least two thirds of the total number of the members of the market committee and with the previous approval of the Director. (4) Any revision in pay or terms of service of a Secretary shall be subject to the previous approval of the Director."

5.4 At the outset, an aspect factually uncontroverted from the pleadings in the aff idavit - in- reply, may be stated with relevance. The Agricultural Produce Market Committee, Vav for appointment of whose secretary, the dispute is raised, came to be bifurcated in exercise of powers under section 52 read with Section 5 of the Act. Two APMCs, APMC, Vav and APMC, Suigam were created. The petit ioner herein has been nominated by state government notif icat ion dated 25.05.2016, as a member of APMC Suigam. It was contended that having become member of different Market committee, the petit ioner could be said to be no longer connected with APMC, Vav. It was stated that the petit ioner is a trader in the Suigam market area, which is not part of the Vav Market area.

5.5 The case of the respondent is that proper procedure in accordance with law has been fol lowed in appointing the Secretary. It deserves a notice that eventhough, the appointment is challenged, the l ikely affected appointee is not impleaded as a party. Be as it may. These are clearer aspects which would dissuade the court from exercis ing writ jurisdict ion and passing any order of rel ief to the petit ioner.

As noticed from the provisions of section 22(1) of the Act above, the appointment of the Secretary, APMC, is required to be approved by the Director. The approval is sought for and the matter is pending before the Director for his decision and under consideration. It could be therefore said that the petit ion fi led at such juncture is quite premature and not l iable to be entertained. There is no gainsaying that the Director would consider the matter in accordance with law and on merits.

1 Furthermore, a remedy of Appeal under section 47 of the Act and even the further remedy of preferr ing a Revision Applicat ion before the state government, under section 48 of the Act are available. The petit ioner could avail the said remedies.

For the foregoing reasons, the petit ion is not entertained. The same is hereby dismissed. Notice stands discharged.