Gujarat High Court
Chauhan Ajitsinh Dalusinh vs State Of Gujarat on 29 June, 2021
Author: Bhargav D. Karia
Bench: Bhargav D. Karia
C/SCA/8602/2017 ORDER DATED: 29/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8602 of 2017
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2017
In R/SPECIAL CIVIL APPLICATION NO. 8602 of 2017
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CHAUHAN AJITSINH DALUSINH
Versus
STATE OF GUJARAT
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Appearance:
MR ANVESH V VYAS(5654) for the Petitioner(s) No. 1
MR KM ANTANI, GOVERNMENT PLEADER(1) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 29/06/2021
COMMON ORAL ORDER
1. Heard, learned Advocate, Mr. Anvesh Vyas, appearing for the petitioner and the learned AGP, Mr. K.M. Antani, appearing for the Respondent-State through video conference.
2. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dated 01.04.2017, which was passed by the respondent, rejecting the representation of the petitioners made, pursuant to the order dated 18.01.2017, passed in Special Civil Application No. 13690 of 2016, after giving due opportunity of hearing to the petitioner for appointment on the post of Livestock Inspector.
3. The petitioner, therefore, has again prayed for a direction to the Respondent to consider the candidature of the petitioner. It appears that the earlier petition of the present petitioner, being Special Civil Application No. 13690 of 2016, was disposed of by this Court, while observing as under at Paragraph-3:
Page 1 of 5 Downloaded on : Sat Jan 15 09:18:36 IST 2022C/SCA/8602/2017 ORDER DATED: 29/06/2021 "3. So far as the present petition is concerned, the petitioner had completed their 10th Standard Examination and joined the specialization court of Live Stock Inspector. The petitioner is being trained to assist the veterinary officers his main task is regarding vaccination and animal husbandry. The petitioner applied for the post of Live Stock Inspector Class-III and in the final merit list the petitioner is selected and his name had been placed in the waiting list. Since, none heard the petitioner, the petitioner has approached this court relying upon the aforementioned decision which covered the case of the petitioner. The petitioner has completed the course from CMG University established by the Government of Meghalaya as per Section 2 (1) of UGC Act, 1956. As the said university has already been wound-up in case of present petitioner also as directed by the Hon'ble Apex Court and as referred to in paragraph 3 by the Co-ordinate Bench, he is permitted to approach the State Government and seek an opportunity of hearing whose request shall be considered sympathetically by the State Government."
4. It appears that the petitioner had preferred Civil Application No. 10689 of 2017, seeking interim relief, where, this Court (Coram: Mr. S.G. Shah, J.) passed order dated 22.08.2017, which reads thus:
"NOTICE returnable on 09.11.2017. One post should be kept vacant."
5. Thereafter, the Respondent filed affidavit-in-reply, contending that the Respondent had addressed the communications dated 01.01.2015, Page 2 of 5 Downloaded on : Sat Jan 15 09:18:36 IST 2022 C/SCA/8602/2017 ORDER DATED: 29/06/2021 08.01.2015, 30.01.2015 and 11.03.2015 to CMJ University in Meghalaya for verification of the certificate / degree. But, the University did not respond and did not verify the certificate / degree of the petitioner, so as to consider the case of the petitioner for appointment on the post of Livestock Inspector. It is, further, stated in the said affidavit that one officer, namely Dr. R.K. Patel had personally visited the CMJ University in Meghalaya for verification of the certificate of the petitioner from 15.03.2015 to 19.03.2015, where, the concerned officer was handed over a communication dated 20.03.2015, whereby, it was mentioned that the names of the persons mentioned, therein, including the present petitioner, were not found in the list of the applicants appearing for hearing, relating to the validation of CMJ University in Meghalaya. Thereafter, said Dr. R.K. Patel had put-up a note to the office of the Respondent and the same was considered by the Committee in its meeting held on 02.03.2016 and it was reported that certificate of the petitioner and other candidates could not be verified with the said University. Relying on the said report, representation of the petitioner came to be rejected vide impugned order dated 01.04.2017.
6. Learned Advocate, Mr. Vyas, appearing for the Petitioner submitted that during the pendency of the petition, the petitioner visited CMJ University in Meghalaya, which has issued the degree certificate to the petitioner in Veterinary and Livestock Science and he also has been able to gather various documents to demonstrate that the degree certificate issued by CMJ University in Meghalaya is genuine and which can be verified from such documents procured by the petitioner.
7. In above view of the matter, learned Advocate, Mr. Vyas, submitted that one more opportunity be given to the petitioner to make a representation before the authority concerned, on the basis of the various documents collected by the petitioner, personally, as one post has already been kept vacant qua him vide order dated 22.08.2017, passed in Civil Application No. 10689 of 2017.
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8. On the other hand, learned AGP, Mr. Antani, appearing for the Respondent submitted that Dr. R.K. Patel, who had already visited the University in the year 2015 and at that time, he could not verify the genuineness of the degree certificate of the petitioner, and therefore, no further opportunity be given to the petitioner for verification as more than four years have passed, since the recruitment process has started.
9. The petitioner has approached this Court immediately, after he was not selected on the post of Livestock Inspector, which was in the year 2016, and this Court vide order dated 18.01.2017, relegated the petitioner to approach the Respondent. However, the Respondent again reiterated the decision, which was taken earlier and which had prompted the petitioner to approach this Court. On a perusal of the impugned order also the Respondent has not given any reason, as to why, the representation made by the petitioner has neither been considered nor the observations made by this Court were taken into consideration, which were based upon the observations made in Special Civil Application No. 8949 of 2015. The Respondent has relied only on the Committee report dated 02.03.2016, which was already available before this Court, when this Court had passed the order dated 18.01.2017.
10. Under the circumstances, the impugned order is not sustainable and the same is, hereby, QUASHED and set aside and the petitioner is, again, RELEGATED to the Respondent to make a representation with the relevant documents in his possession to demonstrate that the degree certificate issued by the CMJ University in Meghalaya is genuine.
Page 4 of 5 Downloaded on : Sat Jan 15 09:18:36 IST 2022C/SCA/8602/2017 ORDER DATED: 29/06/2021 10.1 Such an exercise shall be carried out and completed within the period of THREE MONTHS from the date of receipt of a copy of this order. The petitioner shall make a fresh representation before the Respondent within TWO WEEKS from today and the respondent, thereafter, shall consider and decide the same at the earliest by giving OPPORTUNITY of hearing to the petitioner.
10.2 Interim relief granted by this Court, earlier, SHALL CONTINUE for further period of TWO WEEKS after the date of the order tob e passed by the Respondent-Authority, if, the decision of the Respondent is not in favour of the petitioner, so as to enable the petitioner to avail appropriate remedy before the appropriate forum.
10.3 With the above observations and directions this petition stands DISPOSED OF.
11. In view of the order passed in the main matter, civil application shall not survive and it also stands DISPOSED OF, accordingly.
(BHARGAV D. KARIA, J) UMESH/-
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