Gujarat High Court
Leelaben Revabhai Chaudhary vs State Of Gujarat on 11 May, 2018
Author: Anant S. Dave
Bench: Anant S. Dave, Biren Vaishnav
C/LPA/349/2018 CAV JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 349 of 2018
In
SPECIAL CIVIL APPLICATION NO. 11445 of 2017
With
R/LETTERS PATENT APPEAL NO. 350 of 2018
In
SPECIAL CIVIL APPLICATION NO. 6953 of 2017
With
R/LETTERS PATENT APPEAL NO. 351 of 2018
In
SPECIAL CIVIL APPLICATION NO. 7223 of 2017
With
R/LETTERS PATENT APPEAL NO. 352 of 2018
In
SPECIAL CIVIL APPLICATION NO. 7073 of 2017
With
R/LETTERS PATENT APPEAL NO. 353 of 2018
In
SPECIAL CIVIL APPLICATION NO. 8145 of 2017
With
R/LETTERS PATENT APPEAL NO. 354 of 2018
In
SPECIAL CIVIL APPLICATION NO. 9940 of 2017
With
R/LETTERS PATENT APPEAL NO. 355 of 2018
In
SPECIAL CIVIL APPLICATION NO. 9941 of 2017
With
R/LETTERS PATENT APPEAL NO. 356 of 2018
In
SPECIAL CIVIL APPLICATION NO. 8760 of 2017
With
R/LETTERS PATENT APPEAL NO. 357 of 2018
In
SPECIAL CIVIL APPLICATION NO. 8444 of 2017
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R/LETTERS PATENT APPEAL NO. 358 of 2018
In
SPECIAL CIVIL APPLICATION NO. 10115 of 2017
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R/LETTERS PATENT APPEAL NO. 359 of 2018
In
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SPECIAL CIVIL APPLICATION NO. 6937 of 2017
With
R/LETTERS PATENT APPEAL NO. 360 of 2018
In
SPECIAL CIVIL APPLICATION NO. 6939 of 2017
With
R/LETTERS PATENT APPEAL NO. 362 of 2018
In
SPECIAL CIVIL APPLICATION NO. 6941 of 2017
With
R/LETTERS PATENT APPEAL NO. 363 of 2018
In
SPECIAL CIVIL APPLICATION NO. 6887 of 2017
With
R/LETTERS PATENT APPEAL NO. 364 of 2018
In
SPECIAL CIVIL APPLICATION NO. 6888 of 2017
With
R/LETTERS PATENT APPEAL NO. 365 of 2018
In
SPECIAL CIVIL APPLICATION NO. 6889 of 2017
With
R/LETTERS PATENT APPEAL NO. 366 of 2018
In
SPECIAL CIVIL APPLICATION NO. 6890 of 2017
With
R/LETTERS PATENT APPEAL NO. 367 of 2018
In
SPECIAL CIVIL APPLICATION NO. 6891 of 2017
With
R/LETTERS PATENT APPEAL NO. 368 of 2018
In
SPECIAL CIVIL APPLICATION NO. 6892 of 2017
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R/LETTERS PATENT APPEAL NO. 369 of 2018
In
SPECIAL CIVIL APPLICATION NO. 6899 of 2017
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R/LETTERS PATENT APPEAL NO. 371 of 2018
In
SPECIAL CIVIL APPLICATION NO. 6901 of 2017
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R/LETTERS PATENT APPEAL NO. 372 of 2018
In
SPECIAL CIVIL APPLICATION NO. 6902 of 2017
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With
R/LETTERS PATENT APPEAL NO. 373 of 2018
In
SPECIAL CIVIL APPLICATION NO. 8915 of 2017
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R/LETTERS PATENT APPEAL NO. 374 of 2018
In
SPECIAL CIVIL APPLICATION NO. 8916 of 2017
With
R/LETTERS PATENT APPEAL NO. 375 of 2018
In
SPECIAL CIVIL APPLICATION NO. 8801 of 2017
With
R/LETTERS PATENT APPEAL NO. 376 of 2018
In
SPECIAL CIVIL APPLICATION NO. 8802 of 2017
With
R/LETTERS PATENT APPEAL NO. 377 of 2018
In
SPECIAL CIVIL APPLICATION NO. 6416 of 2017
With
R/LETTERS PATENT APPEAL NO. 378 of 2018
In
SPECIAL CIVIL APPLICATION NO. 8803 of 2017
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R/LETTERS PATENT APPEAL NO. 379 of 2018
In
SPECIAL CIVIL APPLICATION NO. 9758 of 2017
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R/LETTERS PATENT APPEAL NO. 380 of 2018
In
SPECIAL CIVIL APPLICATION NO. 7723 of 2017
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R/LETTERS PATENT APPEAL NO. 381 of 2018
In
SPECIAL CIVIL APPLICATION NO. 7719 of 2017
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R/LETTERS PATENT APPEAL NO. 443 of 2018
In
SPECIAL CIVIL APPLICATION NO. 7424 of 2017
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R/LETTERS PATENT APPEAL NO. 444 of 2018
In
SPECIAL CIVIL APPLICATION NO. 7430 of 2017
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R/LETTERS PATENT APPEAL NO. 445 of 2018
In
SPECIAL CIVIL APPLICATION NO. 7421 of 2017
With
R/LETTERS PATENT APPEAL NO. 446 of 2018
In
SPECIAL CIVIL APPLICATION NO. 7387 of 2017
With
R/LETTERS PATENT APPEAL NO. 447 of 2018
In
SPECIAL CIVIL APPLICATION NO. 7433 of 2017
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R/LETTERS PATENT APPEAL NO. 448 of 2018
In
SPECIAL CIVIL APPLICATION NO. 7435 of 2017
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE ANANT S. DAVE Sd/-
and
HONOURABLE MR.JUSTICE BIREN VAISHNAV Sd/-
================================================================
1 Whether Reporters of Local Papers may be allowed to Yes
see the judgment ?
2 To be referred to the Reporter or not ? Yes
3 Whether their Lordships wish to see the fair copy of the No
judgment ?
4 Whether this case involves a substantial question of law No
as to the interpretation of the Constitution of India or any
order made thereunder ?
================================================================
LEELABEN REVABHAI CHAUDHARY
Versus
STATE OF GUJARAT
================================================================
Appearance:
LETTERS PATENT APPEAL Nos.349 to 360 & 362 of 2018
MR GM JOSHI(370) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 3
MS MANISHA SHAH, GOVERNMENT PLEADER(1) with MR ROHAN
4
C/LPA/349/2018 CAV JUDGMENT
YAGNIK, AGP for the RESPONDENT(s) No. 1
MR HS MUNSHAW(495) for the RESPONDENT(s) No. 2
LETTERS PATENT APPEAL Nos.363 to 369, 371 to 381 of 2018
MR TR MISHRA, for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 3
MS MANISHA SHAH, GOVERNMENT PLEADER with MR ROHAN YAGNIK,
AGP for the RESPONDENT(s) No. 1
MR HS MUNSHAW(495) for the RESPONDENT(s) No. 2
LETTERS PATENT APPEAL Nos.443 to 448 of 2018
MR PRITHVI JADEJA, for the PETITIONER(s) No. 1
MR ROHAN YAGNIK, AGP for the RESPONDENT(s) No. 1
===========================================================
CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
and
HONOURABLE MR.JUSTICE BIREN VAISHNAV
Date : 11/05/2018
CAV JUDGMENT
(PER : HONOURABLE MR.JUSTICE ANANT S. DAVE) Letters Patent Appeal Nos.349 of 2018 and allied appeals
1. The challenge in this and other appeals filed under Clause 15 of the Letters Patent is to CAV judgment dated 23.2.2018 rendered in Special Civil Application No.6953 of 2017 and allied writ petitions involving almost similar facts and identical issues and all writ petitions were heard together and came to be disposed of by common judgment.
2. For the sake of convenience, nature of challenge in Special Civil Application No.11445 of 2017 by the petitioner and the prayer made therein is reproduced herein below:-
"6. The petitioners therefore, pray that:-
(a) This Honourable Court may be pleased to issue a 5 C/LPA/349/2018 CAV JUDGMENT writ of mandamus or in the nature of mandamus or any appropriate, writ, order or direction, quashing and setting aside the action of the respondents in denying appointment to the petitioner on the post of Gram Sevak by holding that the deletion of her name from the final select list is unauthorized, illegal and contrary to the Recruitment Rules;
(b) This Honourable Court may be pleased to issue a writ of mandamus or in the nature of mandamus or any appropriate, writ, order or direction, directing the respondents to offer appointment by incorporating petitioner's name in the list as per her own merit on the post of Gram Sevak;
(c) During the admission, pendency and final hearing of this petition, be pleased to restrain the respondents from issuing appointment orders to any candidate on the post of Gram Sevak;"
2.1 That in all other writ petitions similar prayers were made and the basis of challenge was grievances of all the writ petitioners, who were enlisted in provisional merit list prepared by respondent no.2 for the post of Gram Sevak, finally did not figure in the select list and, therefore, prayer was made to set aside such deletion of their names from the select list and directions were sought against respondents to offer them appointment for the post of Gram Sevak.
3. According to writ petitioners, an advertisement inviting application for the post of Gram Sevak, Class-III, was issued by 6 C/LPA/349/2018 CAV JUDGMENT respondent no.2 viz. concerned District Panchayat Service Selection Board in all the writ petitions, whereby applications were to be submitted on-line and the applicant was to apply on the specified website from 24.11.2016 (15.00 hours) to 07.12.2016 (23.59 hours). The above recruitment was to take place on vacant posts by way of direct recruitment and the advertisement contained various instructions and information for submitting on-line application. Along with application, the applicant was required to fill up basic details about educational qualification, age, certificate of leaving school, caste, physical disability, ex-serviceman and other such certificates as required. The advertisement contained number of vacancies notified and to be filled in and reservations under the Rules provided for candidates belonging to Scheduled Caste, Scheduled Tribe, Socially and Educational Backward Class and also for Female. That applicability of Government Resolution dated 11.11.2014 about reservation of 33% for Female, 10% for Ex-servicemen and 3% for Physically Challenged Candidates, even instructions contained concession to be given to widow applicant.
3.1 So far as physically challenged applicant, provision of Government Resolution dated 11.12.2013 was to be applied providing 1% reservation each for blind or visually challenged, hearing handicap and locomotor disability etc. Likewise, candidates having certificate issued by the competent authority for recognized sports was to be given additional marks and restrictions were imposed for applying with other District Panchayat since recruitment was undertaken by various District Panchayats Service Selection Boards and Districts in the State of Gujarat, simultaneously having 7 C/LPA/349/2018 CAV JUDGMENT common OMR test. Thus, one candidate at a time was to apply for the post of Gram Sevak, Class-III, for one district only. Instruction no.3 was pertaining to age limit and educational qualification based on recruitment rules called as Gram Sevak, Class-III, in the superior Panchayat Service Recruitment Rules, 2014 framed in exercise of the powers conferred by Section 227 and that Sub-section (5) of Section 274 of the Gujarat Panchayats Act, 1993, which prescribed eligibility criteria for appointment by direct selection for the post in question, which was not less than 18 years and not more than 30 years of age subject to relaxation for the candidates as per the provisions of Gujarat Panchayat Service Classification and Recruitment (General) Rules, 1998 and also as per the provisions of the Gujarat Civil Services Classification and Recruitment (General) Rules, 1967.
3.2 That educational qualification of the candidate contained that a candidate shall possess, (i) either two years or three years Diploma in Agriculture or Bachelor of Rural Studies obtained from any of the University established or incorporated by or under the Central or State Act in India or any other educational institution recognized as such or declared as deemed University under Section 3 of the University Grants Commission Act, 1956;
(ii) The basic knowledge of computer application as prescribed in the Gujarat Civil Services Classification and Recruitment (General) Rules, 1961:
(iii) Adequate knowledge of Gujarati or Hindi or both.8 C/LPA/349/2018 CAV JUDGMENT
3.3 Instruction no.3.5 require that candidate was duty bound to produce original and self attested copies of certificate of degree, mark sheets of the recognized Board and/or University or institution as and when instructed to do so by the competent officer. For the purpose of educational qualification and age limit, cut-off date was 7.12.2016. However, depending on the category of the candidates age relaxation was also given. Instruction no.8 provided pay structure. Instruction no.9 about basic knowledge of operating computer as required by Government Resolution dated 13.8.2008 of General Administration Department, State of Gujarat. Instruction No.10 (12) mandated that once the application submitted on-line is confirmed, any change so requested by the candidate will not be permissible but at the same time if the committee requires certificates or relevant documents for the purpose of scrutiny and in case if any anomaly is noticed, such on-line application will be treated as cancelled and for such application the Committee will not be held responsible. Instruction no.11 prescribed payment and mode of examination fees.
3.4 Information no.12 of the advertisement is under the heading, "written competitive examination procedure and method and selection procedure". That instruction no.12 (2) refer to Government Resolution dated 17.4.2012 issued by the Department of Panchayat, Rural Housing and Rural Development Department and, accordingly, one question paper containing 100 marks to be answered within time duration of one hour containing four different subjects by the candidate, so as to qualify for the provisional merit list successfully. The above examination was held by method of OMR. The question paper contained subjects of Gujarati 9 C/LPA/349/2018 CAV JUDGMENT language and Grammar, Grammar in English language, each containing 20 marks, General Knowledge 25 marks, and lastly questions containing Knowledge about duties to be performed for the post of Gram Sevak and evaluation of performance of duties containing 35 marks. Information 13 provided specific information with regard to qualifications and benefits of various reserved categories including certificates of competent authority etc. to be given viz. Creamy layer Certificate, a certificate of Caste viz. SC, ST, SEBC, as the case may be, knowledge of computer and instruction no.13 (6) specifically provided that inclusion of name of the candidate in the merit/selection/ recommendation list for the subject post will not create any right in favour of the candidate for seeking an appointment and in case if it is found by the appointing authority that a candidate is not possessing eligibility criteria for the public employment, even as per Gujarat Panchayat Services Classification and Recruitment (General) Rules, 1998, at any stage, the appointment of such candidate will be cancelled and such decision shall be treated as final. Further, instruction 13 (7) provided that the recruitment procedure for the concerned cadre/post shall be subject to Rules with regard to recruitment and conducting examination and finally instruction no.15 empowered the authority viz. District Panchayat Service Selection Committee to modify or cancel the recruitment for any reason.
4. In the backdrop of above advertisement and the recruitment rules, the petitioners contended before learned Single Judge that they were holding requisite educational qualification of Degree in Bachelor of Rural Studies as per Rule 10 C/LPA/349/2018 CAV JUDGMENT 3 (b) (i) and also other qualifications under (ii) and (iii) and once their names were found in provisional merit list, respondent no.2 ought not to have deleted such names from final select list. According to writ petitioners, their names were deleted from the final select list on the ground that they were possessing Degree of Bachelor in Rural Studies (Rural Home Science Management and Help). Further, candidates having Degree Certificate conferring the Degree of Bachelor of Rural Studies, Bachelor of Rural Studies in Dairy and Animal Husbandry were placed in the final select list based on the subjects studied by them having relevance with the agriculture and agricultural activities resulting into unjust, unreasonable, arbitrary and discriminatory exercise of powers in violation of Article 14 of the Constitution of India inasmuch as neither the Rules 2014 nor advertisement, instruction no.3, contained any such specific requirement of possession degree of Bachelor in Rural Studies with any specialization either in agriculture or dairy and animal husbandry.
4.1 In addition to above, contentions were raised by learned advocate for the petitioners about history of legislation viz. recruitment Rules framed for the post in question since 1982 onwards, requirement of eligibility criteria and deletion of word "agriculture" from the Rules of 2014, in the Degree of Bachelor in Rural Studies. One of the grounds of challenge emphasize separate posts of Gram Sevak initially viz. Gram Sevak (Multipurpose), Gram Sevak (Training) and Agricultural Assistant (Panchayat) and merge of new cadre of Gram Sevak vide Resolution dated 5th May 1988 and deletion, modification, addition etc. in the subsequent Rules of 1988, 1992 i.e. 26.11.1992, 19.11.1998, 13.8.2010, where the requirement of 11 C/LPA/349/2018 CAV JUDGMENT a qualification "that only in the subject of Agriculture" was subsequently not found in the Rules of 2014. According to the petitioner, once the advertisement was issued requiring the candidates possessing qualification of BRS without any qualification or further classification, it was not open for the respondents to further undertake an exercise or to introduce another classification on the basis of subjects studied by the candidates for obtaining degree in Bachelor of Rural Studies, which was not provided by the recruitment rules. Such special qualification or further qualification amounts to introducing new Rules in the middle of recruitment process which was contrary to law. That various other contentions were raised based on passing out competitive written examination by the petitioners and their names were found in the provisional merit list and such examination contained one of the important subject with regard to knowledge of the candidate about duties to be performed for the post in question viz. Gram Sevak which contained 35 marks.
5. As against above, respondent authorities viz. the State of Gujarat and District Panchayat Service Selection Committees of the concerned Districts filed their replies and submitted that the petitioners holding educational qualification of BRS, with subjects of Home Science were found not suitable since they had studied subjects like Food Nutrition, Child Development, Clothing Textile, Home Management, General Science, Health and Sanitation etc. as compared to the candidates who are selected having Degree of BRS studied subjects like Soil Science, Soil Management, Basic Principles of Horticulture, Principles of Crop Protection, Animal Husbandry and Diary, Agricultural Chemistry, Agricultural Research and Statistics, 12 C/LPA/349/2018 CAV JUDGMENT Agricultural Engineering, Integrated Plant Protection Management and Farm Planning and Management to be considered in juxtaposition to job chart of Gram Sevak prescribed by Government Resolution dated 23.1.2006 by Department of Agriculture and Cooperation and subsequent executive instruction, the candidates having degree of BRS other than Home Science therefore were deserving their names in the final select list. By relying on the above job charge in Schedule-I to above Government Resolution, it was emphasized that duties to be performed by Gram Sevak were essentially to impart knowledge of scientific invention in the field of agriculture, nature of crop cultivation and harvesting of crop, visit of the villages and interaction by holding meeting with farmers so as to inform them about latest technologies of the farming in equipments, maintaining register and to attend training camp once in a week. About requirement viz. demand and supply of agricultural equipments, taking samples for soil testing and issuing soil health card and other duties to be performed as may be assigned by superior officers.
5.1 That even respondent no.1 also filed affidavit of Under Secretary, Panchayat, Rural Housing and Rural Development Department, State of Gujarat, who referred to role of Gram Sevak in rural set up as per Government Resolution dated 10.11.2000, being a nodal officer between the farmer at the grass-root level and various authorities of the State Government and Panchayat, functions to be performed to which reference is made in the affidavit-in-reply filed by respective District Panchayat Selection Committees about method of cultivating, harvesting crop, usage of insecticides, pesticides, farm equipments, soil testing, etc. and procedure 13 C/LPA/349/2018 CAV JUDGMENT followed for recruitment of Gram Sevak vis-a-vis eligibility criteria contained in recruitment rules on 30.12.2014. The State Government also emphasized subjects studied by candidates having degree of BRS other than Home Science vis- a-vis subjects studied by the candidates having BRS Home Science highlighting the aspect that in six semesters of Home Science BRS, subject of Agriculture was taught to such candidates.
6. Learned AGP appearing for the respondent State also contended about stage at which names of the candidates-writ petitioners came to be deleted from the final merit list and powers so available with the authorities to do so upon scrutiny and verification of original degree certificates and mark sheets, whereby it was noticed that the petitioners' though possessed a degree certificate in BRS but was essentially in the branch of Home Science and was not relevant for the post in question for which recruitment was undertaken.
7. Learned Single Judge upon adverting to rival contentions found a purposive co-relation between the post and nature of duties attached to it on one hand and the content qualification on the other so as to ensure qualified and suitable candidate is available for the appointment for the post of Gram Sevak. That exclusion of the writ petitioners, who have studied BRS in Home Science was held to be a rationale exercise and such exercise was reasonable and not found to be violative of Articles 14 and 16 of the Constitution of India. Taking recourse to Rules 2014 and eligibility criteria including that of educational qualification, it was held that the Rule has to be read and interpreted so as not to be incongruent to the 14 C/LPA/349/2018 CAV JUDGMENT requirement of suitability to the post. A proper application of rule may be achieved by process of elimination as is done in the present case, even exclusion of the petitioners having BRS in the subject of Home Science was held to be valid classification and a different treatment to the petitioners having degree of BRS Home Science was held permissible since two segments or classes with reference to a particular purpose to be achieved by such division and the classification therefor was a reasonable one based on intelligible differentia.
7.1 Learned Single Judge also held that though Rule providing for educational qualification was not worded so specifically to mention, 'the relevant subject' and it only refers to 'Bachelor of Rural Studies'. However, the principle underlined was that the candidate was to possess the qualification as needed to suit the post and match the educational qualification with the nature of post concerned would be a cardinal exercise and such an exercise is academic in nature and in realm of expertise and, in such cases, the Court would be loath in interfering with the decision taken by the authorities and in the decision making process, it would not be possible to pick any element of unreasonableness or irrationality.
7.2 In support of findings and reasonings learned Single Judge placed reliance on two decisions of the Apex Court in the case of Rajbir Singh Dalal (Dr.) v. Chaudhari Devi Lal [(2008) 9 SCC 284] and Ganpat Singh Gangaram Singh Rajput v. Gulbarga University, [(2014) 3 SCC 767] and such decisions including that of Sanjay Kumar Munjal v. Chairman, UPSC, [(2006) 8 SCC 42].
15 C/LPA/349/2018 CAV JUDGMENT8. In this appeal, Mr.G.M.Joshi, learned counsel appearing for the appellant in one of the appeal has taken us to the grounds of appeal and at the outset contended that none of the decisions either of the Apex Court or of this Court relied on by learned Single Judge were either cited or pressed into service in support of submissions made by learned advocate appearing for the respectively parties but somehow applied in the facts and circumstances of the case by learned Single Judge have no relevance at all. On the contrary, it is submitted that the law laid down in the case of Rajbir Singh (supra) and Ganpat Singh (supra) were in the backdrop of altogether different facts but at the same time declaration of law viz. ratio laid down therein would help the petitioners. It is submitted that cardinal law is to strictly adhere to simple and plain meaning of the language of the rule without adding, altering, modifying, deleting or presuming otherwise unless on the face of it any ambiguity is found. That taking recourse to purposive interpretation and presumption drawn about absence of the relevant subject in the Rule, possessing the qualification as needed to suit the post and exercise of academic nature and in expert realm, both were not available, had the proper scrutiny of history of legislation pertaining to recruitment rules for the post of Gram Sevak been undergone. It is submitted that deletion of word "agriculture" as is evident by reading Rule 3
(b) (ii) of Rule 2014, connotes the educational qualification was two or three years of Diploma in Agriculture or a Degree of Bachelor in Rural Studies without any suffix either Home Science or Dairy and Animal Husbandry or any other category or specialization. When all the writ petitioners have undergone common competitive examination and secured their place in provisional merit list, they were all alike whether they studied 16 C/LPA/349/2018 CAV JUDGMENT subjects pertaining to Home Science, Agriculture or Dairy and Animal Husbandry and the job chart vide Government Resolution of 2006 prescribing duties to be performed by Gram Sevak has no relevance as it contained duties to be performed by Gram Sevak (Training) and Gram Sevak (Multipurpose). In fact, Gram Sevak is to undertake overall exercise of performing duties for betterment of rural areas and not only for providing information, knowledge or supervision about cultivation or harvesting of crop, about farming equipments or quality and testing of soil, usage of pesticides, insecticides etc. Besides knowledge about such job chart forming one of the subjects of the question paper containing 35 marks in which all the petitioners were qualified and were found meritorious enough to be included in provisional merit list. Our attention is drawn to various provisions contained in advertisement and stage and purpose of scrutiny of original documents in support of requisite qualifications and it is submitted that scrutiny of such documents were at the most at two stages, in case of anomalies found in on-line application as per instruction no.10 (12) and later on after the examination when any certificate or original document including a certificate of caste for a candidate of reserved categories, physically challenged, ex- servicemen etc. was required. Instruction no.13 (1) provided such exercise to be undertaken and once candidate is found suitable if enlisted in provisional merit list, undertaking an exercise to judge the suitability for the post in question based on the subjects studied in the Degree of BRS is wholly irrelevant, unreasonable, arbitrary and discriminatory, violative of Article 14 and 16 of the Constitution of India. It is submitted that under no circumstances, subjects studied by the petitioners having Degree of BRS can be said to be either 17 C/LPA/349/2018 CAV JUDGMENT irrelevant or not suitable as per the job chart so prescribed for the post of Gram Sevak. That all the subjects viz. food nutrition, child development, home management, general science, principles of economy, economic and management terms, rural economics and cooperation etc. will have far more relevance in the present day scenario, in addition, on job training that may be given to selected and appointed candidates.
9. Learned Government Pleader, Ms.Manisha Shah, appearing for the respondent-State, however, would contend that the learned Single Judge while rejecting the writ petitions has deliberated on rationale, reasonableness and classification vis-a-vis Articles 14 and 16 of the Constitution of India and the object behind selecting meritorious candidates having degree in BRS with Dairy and Animal Husbandry, who had studied subjects of agriculture and agricultural activities, which included special knowledge about soil, method of cultivation and harvesting of crop, scientific method, modern technology about farming, equipments, knowledge about environment and for better preparation of final select list, such scrutiny was permissible and in absence of any malice on the part of the authorities not selecting the candidates having BRS Degree with Home Science, was found to be within four corners of administrative exercise especially the job chart prescribed in the Schedule to Government Resolution of 2006 and, therefore, appeal bereft of merit deserves to be dismissed.
9.1 Learned Government Pleader has taken us to the requirement of knowledge pertaining to agriculture and relevant activities in the Rules of 1992, 1998, whether in 18 C/LPA/349/2018 CAV JUDGMENT Diploma or in Degree course both 'agriculture' was the subject for the purpose of recruitment to the post of Gram Sevak. By relying on an affidavit filed by Under Secretary of the Department of Panchayat and Rural Housing, it is emphasized that the purport and object of the Rules 2014 had genesis in an elaborate exercise undertaken after inviting suggestions from various District Panchayats in which candidates having Degree of Bachelor of Rural Studies with study in subjects of Agriculture or likewise were found favourable and, therefore, in the Rules of 2014, a Degree in BRS was included as one of the qualifications. If the knowledge acquired by the candidate having Degree in BRS other than Home Science, subjects studied by a Degree holder of BRS including that of soil science, soil management, animal husbandry, principles of horticulture, agricultural chemistry and research and statistics in agriculture etc. would have certainly an edge over those candidates having Degree of BRS in Home Science. Therefore reasonings, rationale and justification of preferring or opting for such candidate having studied subjects, as above, over the candidates having degree in BRS, Home Science, was rightly held to be reasonable and having nexus with the object sought to be achieved viz. appointment to the post of Gram Sevak vis- a-vis job chart on intelligible differentia.
9.2 After preparation of provisional merit list, when an exercise was undertaken to verify original certificates of Degree by the successful candidates, the fact of possessing degree in Bachelor of Rural Studies with Home Science came to the notice and, therefore, it was decided to undertake proper scrutiny so as to select the best candidate suitable for the post in large public interest.
19 C/LPA/349/2018 CAV JUDGMENT10. While adopting the arguments of learned Government Pleader, Mr.Bhatt, learned advocate appearing for the selected candidates has taken us to a copy of the degree certificate in BRS Home Science obtained by the candidates-writ petitioners and submitted that there is no course of BRS in Home Science inasmuch as Home Science Courses shall run in B.Sc. or B.A. or Bachelor of Home Science which is a different faculty then BRS, which is based on agricultural courses. Even the website of Hemchandra North Gujarat University specifies all courses provided by the University and the course provided in Home Science subject is Bachelor of Home Science and Master in the same category and website of UGC issued the proposed slip of B.Sc. Home Science also suggests that Study of Home Science course is considered as a subject in Bachelor of Science. That all the petitioners and other candidates, who have obtained BRS Degree in Home Science subject have been awarded said Degree from Mahila Gram Vidhyapith, Nardipur, affiliated to HNGU. As the selected candidates are awaiting their appointment, otherwise legitimately due to them are deprived of, because of interim relief which was granted initially at the time of pendency of writ petitioner and, thereafter continues from time to time. Learned advocate has also taken us to the reasonings, findings and conclusions drawn by learned Single Judge while dealing with each of the contentions raised by the petitioners in writ petitions and submitted that such reasonings and conclusions which repel the arguments based on discrimination, classification and irrelevancy of subject of agriculture do not require any interference at this stage and are emphasizing and reiterating submissions based on job chart viz. duties to be performed by Gram Sevak and subjects studied by candidates selected finally having relevance with 20 C/LPA/349/2018 CAV JUDGMENT agriculture and agricultural activities related to agriculture and farmers certainly had an edge over requirement of suitability to the post and, therefore, the appeal deserves to be dismissed by vacating interim relief.
11. We have given our thoughtful consideration to above facts and submissions of learned counsel for the parties. This Court in the case of Rathodbhai J. Dungarbhai and Others v. State of Gujarat and Others reported in 1995 (1) GLH 180 had an occasion to deliberate on the issue as to how Gujarat Panchayat Services came to be constituted and the way in which it has undergone change as per amendment of statutory rules from time time and it was observed as under:-
"8. The aforesaid is sought to be made good by reference to the history of formation of Panchayat Raj in the State of Gujarat from 1-4-1963 and as to how Gujarat Panchayat Services came to be constituted. Since reference to the history of the cadre is pressed into service by Mr. R. M. Chhaya, Ld. AGP and Mr. P. M. Raval, Ld. Addl. AG I shall now proceed to set out the history of cadre of Gram Sevak, and the way in which it has undergone sea-change on amendment of statutory rules, from time to time.
Cadre of Gram Sevak, its Constitution & Re- constitution:
9. Initially,recruitment to the cadre of Gram Sevak was governed by the Gujarat Panchayat Services (Classification)& Recruitment) Rules, 1957 (hereinafter referred to as 'Rules of 1967").The recruitment to the post of Gram Sevak was to bemade by (i) nomination and
(ii) by promotion Talati-cum-Gram Panchayat Mantris in the ratio of 2:1. In order to be eligible for appointment by nomination a candidate shall possess (a) vernacular final pass with diploma of an Agrl. schoolor Matriculation/SSC examination passed. It is also stipulated that preference shall be given to candidates having higher qualifications/experience in the field of social service, 21 C/LPA/349/2018 CAV JUDGMENT knowledge of agricultural practice, background ofvillage life and working knowledge of local language will be considered asadditional qualification. It was also stipulated that those candidates who arecalled for selection will have to appear for qualifying written: test at their own expenses. Recruitment examination for the post ofGram Sevak shall be conducted by the Dist.
Panchayat Services Selection Committee in accordance withrules framed by the State Govt. in that behalf.
10. It is required to benoted that at the initial stage there was a separate cadre of Agri. Asstt. and recruitment rules forthis cadre were prescribed. Under the Rules Agrl. Asstts. were categorised into Gr. I, II & III. Appointment to the post of Agrl. Asstt. Gr. III was to bemade by direct recruitment from amongst the candidates who have successfullycompleted two years course in agriculture. Appointment to thepost of Agrl. Asstt. Gr.I & II was to be made by promotion of persons from Gr. II & IIIrespectively in order of seniority and merit.
11. In the year 1977-'78,Dr. Benor's scheme was sponsored by the World Bank for upliftment of agricultural produce in the Stateof Gujarat. In order to implement the scheme it was found necessary by the State Govt. that it should be implemented at the grass- root-level and tillers and farmers were required to be imparted knowledge of the said scheme. With this object in mind and for the best and expeditious implementation of Dr. Benor's scheme the State Govt. abolished common cadre ofGram Sevak and two separate cadres, namely, Gram Sevak (Multipurpose) and Gram Sevak(Training & Visit) were created. It is because of such creation of new cadres, new Recruitment Rules were required to be framed and the State Govt. vide its notification dated 15- 2-80 inserted new Recruitment Rules known as"Gujarat Panchayat Services (Classification& Recruitment) (19th Amendment) Rules, 1980". Under the new Rules with effect from the date of publication of notification following two cadres of Gram Sevaks, i.e. (i) Gram Sevak (Multipurpose) and (ii) Gram Sevak (Training & Visit) are created. Under the said Rules, it is provided that appointment to the cadre of Gram Sevak (Training & Visit) shall be by nomination and by promotion in the ratio of 85:15. Tobe eligible for appointment by nomination a candidate should have at least passed 22 C/LPA/349/2018 CAV JUDGMENT vernacular final examination with a diploma of Agrl.School conducted by the Agrl. University. It is also stipulated that the candidates who are called for selection shall have to appear for qualifying written test at their own expenses. Appointment by promotion to the said post shall be made from out of Talati-cum-Panchayat Mantris who have atleast passed the vernacular final examination and have experience of work at Talati-cum- Mantris in Gram or Nagar Panchayats at least for five years.
12. It is also required to be noted that on creation of new cadre of Gram Sevaks(Multipurpose) & (Training & Visit) under Rules of 1980, the Rulesrelating to recruitment examination for Gram Sevaks were required to be deleted and new Rules were required to be introduced. The State of Gujarat accordingly enacted Recruitment Examination Rules in the year1982, and Notification dated 3-3-1982 was published. Accordingly,the Gram Sevak (Panchayat Service) Recruitment (Exam.) Rules, 1982 were framed. Under the Rules of 1982 it is inter alia .provided that the Gujarat PanchayatAct, 1961 shall hold written examination for selecting candidates for recruitment to the post of Gram Sevak (Multipurpose)and Gram Sevak (Training & Visit) in the Panchayat Services. The Rules inter alia prescribedthe syllabus for examination, fixation of date and place of examination,conduct of examination and declaration of result of examination. Rule 16 of the Rules also provides that there shall be oral interview for 10 marks from amongst candidates whose results have been declared under :Rule 15. The Committee is also required to assign marks for oral interview of candidates. The Committee is also expected under Rule 19 to prepare a select-list which shall cover up existing vacancies and future vacancies as notified by the District Panchayats. Rule 19 reads asunder:
"19. Publication of result of selected candidates :- The Committee shall publish the select list on the notice Board of the District Panchayat. The select-list remainin force till the result of the next examination is published."
12. Other paragraphs of the above judgment as such are not relevant for the purpose of deciding this appeal since the 23 C/LPA/349/2018 CAV JUDGMENT subject matter of the writ petition was about validity of select list prepared under earlier Rules and effect of amendment of Rules on pending select list.
5th May 1988 Orders and notifications (other than those published in Part IV-B) under the Gujarat Local Boards, Village Panchayats, Municipal Boroughs, District Municipal, Primary Education and local Fund Audit Acts.
PANCHAYATS AND RURAL HOUSING DEPARTMENT NOTIFICATION Sachivalaya, Gandhinagar 5th May, 1988 Gujarat Panchayats Act, 1961.
No.KP/9/(88)/PRR/1083/14-KH1. - In exercise of the powers conferred by section 323 read with section 203 of the Gujarat Panchayats Act, 1961 (Guj.VI of 1962) and in suppression of all notifications issued in this behalf, the Government of Gujarat hereby makes the following rules further to amend to the Gujarat Panchayat Service (Classification and Recruitment) Rules, 1967, namely:-
1. These rules may be called the Gujarat Panchayat Service (Classification and Recruitment) Rules, 1988.
2. In the Gujarat Panchayat Service (Classification and Recruitment) Rules, 1967, in Schedule-IV.
(i) under the heading "Agriculture Branch (Executive)"
entry 4 relating to '(Agricultural Assistants' and the rules made 24 C/LPA/349/2018 CAV JUDGMENT thereunder shall be deleted;
(ii) under the heading 'Revenue and Rural Development Branch,(Executive)' for entry "4 Gram Sevak"
and the rules made thereunder, the following shall be substituted, namely:-
"4. Gram Sevak:-
(1) Appointment to the post of Gram Sevak shall be made by direct selection.
(2) To be eligible for appointment b y direct selection a candidate shall:-
(a) not be more than 30 years of age;
(b) have obtained Agriculture Diploma or obtained
Rural Development Science Diploma from Krishishala of Gandhi Vidhyapith, Vedachhi or
(c) have successfully completed two years course in Agriculture at any Agricultural Schools under the Control of the Agriculture University of the Gujarat State; or
(d) possess a degree of Bachelor in Rural Studies (Agriculture) of the Saurashtra University; or
(e) be an Agricultural Snatak of the Saraswati Gram Vidhyapith, Samoda Ganawada, District Mehsana.
Explanation: Gram Sevak shall consist of the Gram Sevaak (Training and Visit), Gram Sevak Multipurpose) and Agriculture Assistant."
By order and in the name of the Government of Gujarat.
S.H.SHAH 25 C/LPA/349/2018 CAV JUDGMENT Deputy Secretary to Government.
Government Central Press, Gandhinagar.
26.11.1992 Educational Qualification
(I) A Diploma in Agriculture obtained from
the State Agriculture University or have successfully completed two years course in Agriculture at any school under the control of the Agriculture University of the Gujarat State; or
(ii) A degree in Rural Studies (Agriculture) obtained from the Saurashtra University; or
(iii) A bachelor degree or Diploma in Rural Studies of the institution recognized by the Government of Gujarat for the purpose of recruitment.
GRAM SEVAK (CLASS III) (PANCHAYAT SERVICE RECRUITMENT RULES, 1998 (Notification No.KP/96/98/PRR/1197/1811/9-9/D, Dt.19.11.98, Published in G.G.G. Ext.Pt.1-A dated 19.11.98 P.84-1)
1. These rules may be called the Gram Sevak (Class III) (Panchayat Service) Recruitment Rules, 1998.
2. Appointment to the post of Gram Sevak (Class III) (Panchayat Service) shall be made by direct selection.
3. To be eligible for appointment by direct selection to the post mentioned in rule 2, a candidate shall, a. not be less than 18 years and not more than 28 years of age, b. possess:-
26 C/LPA/349/2018 CAV JUDGMENTi. a Diploma in Agriculture obtained from the State Agricultural University or a Certificate of successfully completed two years course in Agriculture at any Agriculture School under the Control of the Agricultural University of the Gujarat State; or c. have adequate knowledge of Gujarati and Hindi,
4. A selected candidate shall be on probation for a period of one year.
5. A selected candidate shall be required to undergo such training for such period and pass such post-training examination as may be prescribed by the Government.
6. A selected candidate shall be required to pass the departmental examination and an examination in Gujarat or Hindi or both as may be prescribed by the Government.
7. A selected candidate shall be required to furnish a security and surety bond in such form for such amount, and for such period as may be prescribed by the Government.
PART I-A Orders and notifications (other than those published in Part IV-B) under the Gujarat Local Boards, Village Panchayats, Municipal Boroughs, District Municipal, Primary Education and local Fund Audit Acts.
PANCHAYATS AND RURAL HOUSING DEPARTMENT NOTIFICATION Sachivalaya, Gandhinagar 13th August, 2010 GUJARAT PANCHAYAT ACT, 1993 27 C/LPA/349/2018 CAV JUDGMENT No.KP/14-2010-PRR-102009-2839-PART-1-D :- In exercise of the powers conferred by section 227 read with section 274 of the Gujarat Panchayats Act, 1993 (Guj.18 of 1993), the Government of Gujarat hereby makes the following rules further to amend the Gram Sevak (Class-III) (Panchayat Service) Recruitment Rules, 1998, namely:-
(1) These rules may be called the Gram Sevak (Class- III) (Panchayat Service) Recruitment (Amendment) Rules, 2010.
(2) In the Gram Sevak (Class-III) (Panchayat Service) Recruitment Rules, 1998, (hereinafter referred to as "the said rules") in rule 3, in clause
(b), after sub-clause (I) the following new sub-clause shall be inserted namely:-
"(ii) a degree in Rural Studies obtained from any of the Universities established or incorporated by or under the Central or State Act in India; or any other educational institution recognized as such or declared as deemed University under section 3 of the University Grants Commission Act, 1956 or possess an equivalent qualification recognized by the Government."
(3) In the said rules, after rule 4, the following shall be inserted, namely:-
"4A. The candidate appointed by direct selection shall, during his probation period be required to undergo pre-service training and to pass the post training examination in accordance with the rules as may be prescribed by the Government."28 C/LPA/349/2018 CAV JUDGMENT
By order and in the name of the Governor of Gujarat C.S.RAJPAL, Deputy Secretary to Government.
PART I-A Orders and notifications (other than those published in Part IV-B) under the Gujarat Local Boards, Village Panchayats, Municipal Boroughs, District Municipal, Primary Education and local Fund Audit Acts.
PANCHAYATS AND RURAL HOUSING DEPARTMENT NOTIFICATION Sachivalaya, Gandhinagar 30th December, 2014 GUJARAT PANCHAYAT ACT, 1993 No.KP/116 of 2014/PRR/102013/1864/KH:- In exercise of the powers conferred by section 227 read with sub-section (5) of section 274 of the Gujarat Panchayats Act, 1993 (Guj.18 of 1993) and in supersession of all the rules made in this behalf, the Government of Guajrat hereby makes the following rules to provide for regulating the recruitment to the post of Gram Sevak, Class-III, in the Superior Panchayat Service, namely:-
1. These rules may be called the Gram Sevak, Class III, in the Superior Panchayat Service Recruitment Rules, 2014.
2. Appointment to the post of Gram Sevak, Class III, in the Superior Panchayat Service shall be made by direct selection.
3. To be eligible for appointment by direct selection to the post mentioned in rule-2, a candidate shall-
(a) not be less than 18 years and not be more than 30 years of age:29 C/LPA/349/2018 CAV JUDGMENT
Provided that the upper age limit may be relaxed in favour of a candidate who is already in the Gujarat Panchayat Service in accordance with the provisions of the Gujarat Panchayat Services Classification and Recruitment (General) Rules, 1998:
Provided further that the upper age limit may also be relaxed in favour of a candidate who is already in the service of the Government of Gujarat in accordance with the provisions of the Gujarat Civil Services Classification and Recruitment (General) Rules, 1967;
(b) possess-
(i) either two years or three year Diploma in
Agriculture or Bachelor in Rural Studies obtained from any of the Universities established or incorporated by or under the Central or State Act in India or any other educational institutions recognized as such or declared as Deemed University under section 3 of the University Grants Commission Act, 1956;
(ii) the basic knowledge of computer application as prescribed in the Gujarat Civil Services Classification and Recruitment (General) Rules, 1967; and
(iii) adequate knowledge of Gujarat or Hindi or both.
4. Notwithstanding anything contained in any rules, a candidate selected by direct recruitment under rule 3 shall be appointed on contractual basis for a period of five years on such terms and conditions as prescribed by the Government Resolution, Panhayats, Rural Housing and Rural Development Department Resolution No.KP-12-201 - PPR - 102010-2530-D, Dated 15-06-2011.
30 C/LPA/349/2018 CAV JUDGMENT5. A candidate appointed under rule 4 shall be given the prescribed pay scale of the post of Gram Sevak, Class III after completion of contractual period on his performance being found satisfactory during the stipulated period of service on contract basis.
6. A candidate appointed in accordance with rule 4 shall, during the stipulated period of service on contractual basis, be required to pass the ccc examination for computer knowledge in accordance with the provisions of the Gujarat Civil Services Computer Competency Training and Examination Rules, 2006.
7. A candidate appointed in accordance with rule 4 shall, during the stipulated period of service on contractual basis, be required to undergo pre-service training and pass the post- training examination in accordance with the rules as may be prescribed by the Government.
8. A candidate appointed by direct selection shall required to pass an examination in Hindi or Gujarati or both in accordance with the rules prescribed by the Government.
9. A candidate appointed by direct selection shall have to undergo such training and to pass such examination as may be prescribed by the Government.
10. A candidate appointed by direct selection shall be required to furnish a security and surety bond in such form, for such amount and for such period as may be prescribed by the Government.
31 C/LPA/349/2018 CAV JUDGMENTBy order and in the name of the Governor of Gujarat, I.M.SHAIKH, Joint Secretary to Government.
13. The above rules reveal framing of recruitment Rules for Gram Sevak from time to time and it is to be noted that the post is 'Gram Sevak' and has to perform duties in rural areas and is exclusively not restricted to agriculture or likewise activities. From 1982 onwards requirement of Diploma in Agriculture from a recognized University has remained consistent while alternative educational qualification viz. a Degree in Rural Studies (Agriculture) from Saurashtra University or a Bachelor Degree or Diploma in Rural Studies of an institution recognized by the Government of Gujarat was subject to necessary changes.
14. Thereafter, vide notification dated 13.8.2010 amendment was carried out in the Recruitment Rules of 1998 by adding sub-clause in Rule 3 (b) after sub-clause (i), whereby a decree in Rural Studies obtained from any of the Universities established or incorporated by or under Central or State Act in India or any other educational institutions recognized as such or declared as deemed University under Section 3 of the University Grants Commission Act, 1956 or any equivalent qualification recognized by the Government came to be added. Here also no specific requirement of a degree in Rural Studies with specialization in Agriculture was required. So far as Notification dated 30.12.2014 is concerned for which the recruitment is undertaken and form part of all these appeals, 32 C/LPA/349/2018 CAV JUDGMENT two years of three years Diploma in Agriculture has remained as one of the educational qualifications but alternatively Bachelor in Rural Studies without any suffix viz. specific requirement of Agriculture as the main or primary subject is not appearing in the Rules. Thus, it is clear that nowhere Recruitment Rules for the post of 'Gram Sevak' of 2014 as a whole mandate qualification of Bachelor of Rural Studies exclusively for the subject of agriculture.
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 33 C/LPA/349/2018 CAV JUDGMENT 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.34 C/LPA/349/2018 CAV JUDGMENT
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)
16. Learned Single Judge has emphasized on study of subject of Agriculture and other relevant subjects as better qualification but at the same time neither the decision in the case of Rajbirsing Dalal (supra), nor Chaudhary Kuldeep Prvainkumar (supra) would apply in the facts of this case.
That in none of the decisions requirement of Recruitment Rule was specific. Besides, the appellants in this group of appeals have studied Bachelor of Rural Studies from a recognized institution and also passed out written examination and their 35 C/LPA/349/2018 CAV JUDGMENT names were placed in provisional merit list, we are of the view that no further scrutiny was permitted at the stage of preparing final select list based on study of various subjects while obtaining Degree of Bachelor of Rural Studies. Even otherwise, the appellants having degree in BRS either from Home Science or any other branch contain various subjects of studies of rural life including principles of Economy, economics and Management terms, Rural Economics and Cooperation, Home Management, Food Nutrition and child development which are basic subjects for upliftment of the rural masses. So far as duty chart is concerned, the very subject containing 35 marks in the written examination, in which the appellants have successfully passed and also to undergo training, therefore, when all the appellants in this group of appeals possess requisite qualification under the Recruitment Rules of 2014, their names ought not to have been deleted from the provisional merit list by preferring candidates, who passed out Bachelor of Rural Studies either in Animal Husbandry or Dairy Science. Such exercise was not permissible at the stage of second scrutiny which was only meant to verify genuineness of various certificates and documents.
17. The first group of appeals filed by the appellants viz. Letters Patent Appeal No.349 to 360 and 362 of 2018 and candidates having Bachelor Degree in Rural Studies irrespective of any specialization, in the facts of this case, simply BRS or BRS with Home Science and Management cannot be given discriminatory treatment since they possess requisite educational qualification for recruitment to the post of Gram Sevak under Rule 3 (b) (i) of Rules 2014, since rule 36 C/LPA/349/2018 CAV JUDGMENT framing authority has taken a conscious decision to do away with the requirement of 'agriculture' as specialization in the Degree of Bachelor of Rural Studies. Besides, all the candidates were enlisted in provisional merit list and after clearing written examination which contained 35 marks for subject of Agriculture out of total 100 marks and even duty chart is perused it is not pertaining to agriculture only but overall function to be discharged by Gram Sevak for betterment of rural masses. That subjects like child and female nutrition, agricultural economics, home science management, food nutrition, child development, health and sanitation etc. cannot be said to be not relevant as against preference given to those candidates having Degree of Bachelor of Rural Studies with Dairy and Animal Husbandry only.
17.1 Therefore, classification is held to be rational by learned Single Judge deserve to be interfered with in all these appeals filed by the candidates having Degree in BRS. Accordingly, Letters Patent Appeal Nos.349 to 360 and 362 of 2018 are allowed. To the extent, as above, order passed by learned Single Judge impugned in this group of appeals viz. Letters Patent Appeal No.349 to 360 and 362 of 2018 is quashed and set aside. The respondents are directed to enlist successful candidates of this group, whose names have appeared in the provisional merit list for further process and based on individual merit shall be placed in the final select list, if they fulfill other requirements under the Rules and to be considered for appointment for the post of Gram Sevak.
37 C/LPA/349/2018 CAV JUDGMENTLPA 363 to 369 of 2018 and LPA 371 to 381 of 2018 with LPA Nos.443 to 448 of 2018 (for the sake of convenience to be referred to as OPJS group of appeals) since all the appellants have obtained the Diploma course of three years from OJPS University, Churu, Rajasthan.
18. The present Appeals arise out of a common CAV Judgement in Special Civil Application No. 6887 of 2017 and allied petitions, which the learned Single Judge has dismissed. The learned Single Judge held that the petitioners were not eligible for the post of Gram Sevak by treating the Diploma in Agriculture conferred by the OPJS University to be not acceptable. According to the learned Single Judge, there was no illegality or infirmity in the decision of the respondents of not giving appointments to the petitioners, on the basis of their holding a Diploma in Agriculture conferred by the OPJS University, a Private University in Churu, State of Rajasthan established under the OPJS University, Churu Act,2013.
19. For the sake of brevity, facts of Letters Patent Appeal No.363 of 2017 are discussed. The Appellants shall hereinafter be known as the "Petitioners".
A. (1) An advertisement being advertisement number DPSSC-26/2016-17/5 appeared on the website for appointments to the Gram Sevak (Class III) (2) The Petitioners applied for the said post pursuant to such advertisement, appeared in the written examination and found their names in the Provisional Merit List declared on 14.3.2017.
38 C/LPA/349/2018 CAV JUDGMENT(3) After declaration of the list, the petitioners were called for verification of their certificates and on such verification done on 29.3.2017, on preparation of a final selection list, they found that their names were deleted. The purported ground for deletion of their names was that the Petitioners had obtained their Diploma in Agriculture from OPJS University, Churu, a University situated outside the State Of Gujarat.
(4) According to the Petitioners the OPJS University is a Private University created under the O.P.J.S. University, Churu Act, 2013 and is also recognised by the University Grants Commission as, in the list of Universities shown by the UGC the OPJS University figures at Serial No.521.
(5) The Recruitment Rules of 2014 of the Gram Sevaks provide that for being eligible for direct selection an incumbent should possess either two or three years' Diploma in Agriculture or Bachelor in Rural Studies obtained from any University established or incorporated by or under the Central Act or the State Act in India or any other educational institution recognised as such or declared as Deemed University under Section 3 of the University Grants Commission Act,1956. Reliance was also placed on the Government Resolution dated 16/1/1978 (PAGE 105/B) issued by the General Administration Department of the Government Of Gujarat which provided that in case of Degrees/Diplomas awarded by Universities in India which are incorporated by an Act of the Central or 39 C/LPA/349/2018 CAV JUDGMENT State Legislature in India and other educational Institutes established by an Act of Parliament or declared to be deemed universities under Section 3 of the University Grants Commission Act, 1956, no formal orders recognizing such degrees/diplomas should be issued by the Government. Such degrees/diplomas should be recognised automatically for the purpose of employment under the State Government.
(6) Reliance was also placed on the judgement rendered by a Learned Single Judge of this Court in a decision rendered in Special Civil Application No.13671/2012 dated 27/11/2012 wherein in the context of appointment of Multi-Purpose Health Workers, where the respondent had objected to the certificate holders of candidates who had passed their "Sanitary Inspectors" course from a University "Manav Bharti University" Solan, Himachal Pradesh was negated in context of the Circular dated 16/1/1978.The Court held that it was not in dispute that the University was recognised by the UGC and even the Circular of 16/1/1978 was put in support of the Petitioners and the Petition was allowed. (7) Shri Mishra Learned Advocate for the Petitioners also relied upon a letter dated 13/6/2017 from the Registrar of the OPJS University addressed to one of the Petitioners that the University was not required to take prior permission or approval of the UGC for the Diploma Course in view of Section 3(8) of the Rajasthan Private Universities Act. Reliance was also placed on Section 22 of the Universities Grants 40 C/LPA/349/2018 CAV JUDGMENT Commission Act,1956 and Section 38 of the OPJS University Act,2013. Schedule II of the Act of 2013 was pressed into service wherein of the disciplines listed it included "Basic and Applied Sciences" as well as "Environmental Science" and according to the Petitioners these two disciplines covered the curriculum required and that the Diploma in Rural Studies ought to have been recognised for the qualification for the post.
B. The District Panchayat Selection Committee filed an Affidavit-In-Reply contending as under:
(1). Six mark sheets were furnished by the Petitioners showing that they had undertaken three years' Diploma Course in Agriculture from OPJS University but the mark sheets did not show that the course was recognised by the UGC. The certificate only mentioned that the University was approved by the University Grants Commission.
(2). In the Schedule II of the OPJS Act of 2013 (PAGE213) in the list of subjects, Diploma in Agriculture was not mentioned.
(3). Referring to the Letter dated 3/12/2013 it was contended that the inclusion of the name of the University maintained by the University does not itself allow the University to make admissions in its programmes. The letter indicated that this may be done only after creation of required academic staff etc. The letter further stated that the University was requested to submit a detailed information after which inspection would be carried out and thereafter an approval letter would be issued.41 C/LPA/349/2018 CAV JUDGMENT
(LETTER PAGE 134).In absence of details furnished by the petitioners to show that the course of Diploma in Agriculture was approved,the Petitioners could not have been placed and be held eligible for selection for the posts of Gram Sewaks.
C. (1). The State also has contended that the University was not ipso facto empowered to grant admissions on the basis of the letter dated 3/12/2013.
(2). Reliance was placed on the status report of the concerned University obtained from the website of the UGC on 4.4.2017 which showed that as far as OPJS University was concerned the remarks showed that information called for inspection purpose was still awaited. (PAGE 142).
(3). Reliance was also placed on the job chart framed vide the Government Resolution dated 10/11/200 to suggest that Gram Sevaks play a significant role in the rural agricultural economy. (PARA 4.7. OF THE JUDGEMENT/PAGE G) D. In Special Civil Application No.6901/2017 UGC has filed its Affidavit-In-Reply which inter-alia stated that the university was empowered to award degrees through its main campus in regular mode with approval of the statutory bodies and councils. By way of the Notification dated 17/6/2013 the regulatory functions in respect of the Learning Centers has now been controlled by UGC and the University is not authorised to off-the campus study centres beyond the territorial jurisdiction of State Of Rajasthan.The University is not authorised to 42 C/LPA/349/2018 CAV JUDGMENT conduct distance educational programmes.
E. (1). Petitioner has filed a Rejoinder relying on Section 3 of the OPJS Act of 2005 (PARA 2 /PAGE
217).
(2). Reliance is also placed on a Division Bench Judgement in LPA 1212/2015 (PAGE 290/PARA 6/PAGE 291 (3). Letter dated 24/5/2016 (PAGE 294) is relied upon to contend that as far as Diploma Courses they are not specified by the UGC.UGC only specifies degree courses under Section 22 of the UGC Act,1956. (4).Letter dated 5/4/2017 (PAGE 295) is relied upon to suggest that the University is authorised to run Diploma in Agriculture and other related courses under "Environmental Science" and "Basic and Applied Science"
20. Shri T.R.Mishra and Mr.Jadeja, learned counsel appearing for the appellants in all these appeals would contend that all the appellants produced photo-stat copies of their mark sheets on passing of three years Diploma from OJPS University and while they were called for verification of mark sheets/certificates and degrees after qualifying common competitive test and their names were found in provisional merit list, striking off or de-listing their names from such list on the ground of doubt raised about studies undertaken by them with the University, which was established by the Act viz. Rajasthan Private University Act, 2005 and the OPJS University, Churu Act 2013. It is contended that by virtue of Section 3 (8) of the Act 2005, OPJS University was empowered to confer degree/ diploma courses and other academic discretion on the 43 C/LPA/349/2018 CAV JUDGMENT basis of examination conducted by them. The requirement under the Rules 2014 for the post of Gram Sevak prescribed one of the qualifications of two or three years of Diploma in Agriculture to which the appellants are concerned and accordingly Schedule II of the Act 2013 mention 30 disciplines not specifically pertaining to agriculture, Basic in Applied Science read with discipline of Environmental Science included subject of agriculture and curriculum prescribed reveal that a candidate having diploma in such discipline has studied all relevant subjects pertaining to agriculture and will be suitable for the duties prescribed for the post of Gram Sevak. Further, reference is made to Section 5 of the Act 2013, which empower the University to provide instructions in the discipline specified in Schedule II and discipline of environmental science included the subject of agriculture, de-listing names of appellants from provisional merit list was not justified. So far as infrastructure is concerned, reliance is placed on the report of Committee appointed by the State of Rajasthan consisting of Vice Chancellor, the Director, Deans and other such high ranking academicians and details of infrastructure, which included the required campus area, the buildings consisting of class rooms, libraries, laboratories and other such facilities, including appointment of teaching and non-teaching staff and staff residence blocks, boys and girls hostel, sports and other co-curricular activities. By placing reliance on communication addressed by Registrar of OPJS University to the Inquiry Officer and Deputy DDO, District Panchayat, Bhavnagar, it is submitted that course of three years diploma conducted by the University is full time regular mode course and all the candidates have studied at the University campus for which certificates were issued. OPJS University was established 44 C/LPA/349/2018 CAV JUDGMENT under the said Act and empowered to award degree/diploma /certificate under Section 5B of the OPJS Act, 2003. Even under Section 308 of the Rajasthan Private Universities Act, 2005 such powers are conferred. That no recognition required of any statutory council for imparting education for diploma in agriculture, unlike that of AICTE, MCI, ICAT, ECI, DCI etc. After establishment of the University, session for three years diploma course was commenced in the month of October 2013 and, on completion of course, in June-July 2016, the degrees were conferred and the mark-sheets were accordingly issued.
20.1 It is submitted that by drawing our attention to UGC (Establishment and Maintenance of Standards in Private University) Regulations, 2003, which are framed for effective mechanism for regulating functioning of State Universities established under the State Act, stand of UGC as per communication dated 24th May 2016 is to the effect that diploma courses are not specified by UGC and only degrees under Section 22 of the UGC Act 1956 are specified. Thus, diploma course of three years for which the appellants were admitted and completed their studies and conferred the diploma as per the requirement of Rule 14 of the Recruitment Rules.
20.2 That reliance is placed on an oral order dated 7.9.2015 passed in Letters Patent Appeal No.1212 of 2015 and other appeals where a Division Bench had an occasion to consider Schedule II of the Act 2013, which provided for Applied Science and that discipline whether would include Veterinary Science or not and observations made in that regard that once the University is enlisted in the list of UGC, presumption would be 45 C/LPA/349/2018 CAV JUDGMENT that it is an affiliated University and the courses undertaken by the University normally to be presumed as valid, unless a satisfactory material is produced before the competent authority. However, the authority was permitted to issue appointment orders to the successful candidates. However, in the above case, no detailed discussion appeared about applicability of Regulation 13 of UGC since degree certificates were to be conferred only after holding convocation of the University.
20.3 On the basis of doubt or some suspicion whether appellants had studied at OPJS University, Churu, no such decision could have been taken for de-listing them from provisional merit list. Based on such presumption, the agency ought not to have acted arbitrarily by replacing them with candidates having lesser merit and were not successfully placed in the provisional merit list. Learned counsel for the appellant has also taken us to the findings of learned Single Judge where emphasis was laid on the affidavit in reply filed by UGC, in which it was stated that OPJS University of Rajasthan was not in the list of the approved University/institution recognized for distance education. No such case exist in the set of present appeals as the appellants have in fact studied at OPJS University having undertaken tutorials in the class rooms.
20.4 Therefore, depriving the legitimate right of the appellants, who fulfill the qualifications for the post of Gram Sevak as per Rules of 2014, the appeal deserves to be allowed by quashing and setting aside the judgment under challenge.
46 C/LPA/349/2018 CAV JUDGMENT21. Mr.Rohan Yagnik, learned AGP would contend that though OPJS University is established by the Act of 2013, and prior to that Rajasthan Private University Act 2005 was in existence but operation of academic activities of such University was subject to the provisions of the University Grants Commission Act 1956 and Regulations 2003 framed by UGC for establishment and maintenance of standards in private Universities, in exercise of powers conferred by Clause (f) and
(g) of Sub-section (1) of Section 26 of the UGC Act, 1956, which are undoubtedly applicable to every private University established by or incorporated under a State Act. By taking us to the provisions contained in regulation 2.1, which defines private University like OPJS, Churu, Rajasthan, and requirement of such University to fulfill the minimum requirement criteria in terms of programmers, faculty, infrastructural facilities, finance as provided in Regulation 3.4 A and 3.6 between the programmers of State leading to a degree or diploma offered by such University shall conform to the relevant regulations/norms of UGC and regulation 4 about inspection that may be undertaken by the UGC from time to time and consequences of violation of such regulation empowering UGC to pass an order prohibiting the private University from offering any course for the award of degree/diploma etc. By emphasizing the fact of listing of OPJS by UGC in the list so published on the website itself at serial no.27 mentions that OPJS University was established on 16.9.2013 and information was called for inspection purpose still awaited. Therefore, grant of admission to students for the three years course of diploma in Environmental Science or such enlisted discipline of Schedule II of Act 2013 in which subject of Agriculture may have been taught is of no relevance. That the programme 47 C/LPA/349/2018 CAV JUDGMENT named as 'Diploma in Agriculture' as per detailed marks card for which reasonable doubt was created in the mind of respondent authority and, therefore, a decision was taken to inquire about degree/diploma in Bachelor of Rural Studies and Diploma in Agriculture for the purpose of verification and a committee consisting of Deputy Development Officer and District Agricultural Officer and other members including Secretary of Gujarat Panchayat Service Selection Board entered into correspondence with Registrar of OPJS University and inquired about various issues which came to the conclusion that mark sheets/ certificates submitted by 52 candidates were doubtful and OPJS University has furnished notice of admission form of 39 candidates only and about this 39 candidates also no material was available whether they had actually studied relevant course of three years of Diploma at OPJS University. Only material that was supplied was admission form and identity card issued to 39 candidates. The above doubt, according to learned AGP is based on reasonable understanding that the University which was established by the State Act and a letter was addressed by UGC dated 7.12.2013 and, therefore, under no circumstance academic year could have commenced prior to 2014-15 and three years of Diploma would be completed in the month of May 2017. Likewise, in such areas for which the authority was not satisfied about suitability of candidates for the post for which their names were included in provisional merit list and the above fact came to the notice of the authority only at the stage of verification of their documents viz. certificate of degree/diploma in concerned discipline only after they were called after clearing common competitive examination and, therefore, names were found in provisional merit list.
48 C/LPA/349/2018 CAV JUDGMENT21.1 Under the circumstances, the very genuineness about appellants studied the diploma course for three years in agriculture was under the cloud of suspicion based on the report of Inquiry Committee to which the authority has concurred and otherwise also inclusion of names of the appellants in provisional merit list, by itself, would not create any right in their favour for seeking any appointment, the findings of learned Single Judge supported by reasons which included doubtful qualifications of the appellants, primacy of applicability of UGC Act and regulations, non-approval of such courses by UGC and before details and particulars are submitted about infrastructure and necessary inspection to be carried out by UGC grant of admission to the appellants by the University was wholly illegal warranting no interference by this Court.
21.2 By taking us to the judgment under challenge, it is submitted that decision rendered in the case of Monikaben Patel (supra) and Chaudhary Kuldip Pravin (supra), it is submitted that facts in those cases were different and rightly held by learned Single Judge not applicable in the circumstances of the case.
21.3 Collectively, therefore, as submitted by learned AGP in addition to submissions made in other group of Letters Patent Appeals so far as appeals on hand are concerned, grant of admission by commencing courses for diploma of three years in agriculture, which was not in the list of discipline of various courses in Schedule II of Act 2013, and further any such academic exercise was subject to regulations framed under Section 26 of UGC Act which remained non-complied with, 49 C/LPA/349/2018 CAV JUDGMENT decision taken by the respondents of de-listing the appellants from the provisional merit list cannot be termed as arbitrary or unreasonable or in any manner contrary to law and violative of Article 14 of the Constitution of India. That yardstick applied by the authority while de-listing names of the appellants from provisional merit list is suitability and merit vis-a-vis post for which recruitment was undertaken and accordingly appeals deserve to be dismissed.
22. Therefore, the admitted facts remain that OPJS University is no doubt recognized private University by the State of Rajasthan and established under the OPJS University, Churu Act, 2013 and further His Excellency Governor of Rajasthan accorded ascent to the Act on 15.9.2013 and, therefore, commencement of various courses were admittedly after first meeting of the academic year which was held on 7.10.2013. It is also not in dispute that Schedule II of the OPJS Act 2013 in the list of subjects, Diploma in Agriculture was not mentioned. The Recruitment Rules of 2014 mandates educational qualification of either two years' or three years' Diploma in Agriculture and admittedly the appellants in this group of appeals are not holding such diploma in Agriculture but based on curriculum studied by them in the disciplines "Basic of Applied Sciences" as well as "Environmental Science Studies"
which cover subjects of Agriculture and allied subjects. inspite of repeated requests by a Committee constituted by the recruiting body no details were provided about boarding facilities given to the students in the hostel, food bill, practicals performed by the students and journals prepared by them even for disciplines other than Diploma in Agriculture. Only 50 C/LPA/349/2018 CAV JUDGMENT admission form and identity cards of the students were given. Besides instances have appeared that candidates appearing for Gram Sevak having Diploma in various disciplines have simultaneously studied in other colleges or institutions and ultimately they had withdrawn the petitions.
23. That the contentions raised by learned counsel for the petitioners/appellants herein of this group that prior permission or approval of the UGC for Diploma Course was not necessary, in view of Section 3 (8) of the Rajasthan Universities Act is of no relevance. That these mark-sheets were furnished by the petitioners of this category that they had undertaken three years' Diploma Course in Agriculture from OPJS University, but at the same time, it was not recognized by UGC, even inspection was also awaited of UGC as per web-site on 4.4.2017. When a detailed inquiry is made by the recruiting agency about genuineness of in-class studies of the candidate for which satisfactory material is not made for de-listing them from provisional merit list cannot be said to be arbitrary, unreasonable or discriminatory.
24. We can safely refer to paragraphs 4.8, 5, 5.1 and 5.2 of the judgment rendered by learned Single Judge and reproduced herein below:-
"4.8 On behalf of the respondent University Grants Commission, affidavit-in-reply filed in Special Civil Application No.6901 of 2017 mentioned inter alia that OPJS University, Rawatsar, Kunjila, Tehsil - Rajgarh, District Churu, Rajasthan, a private university under the State legislation of State of Rajasthan was governed under the UGC (Establishment and Maintenance of Standards in Private Universities) Regulations, 2003. The 51 C/LPA/349/2018 CAV JUDGMENT said university is empowered to award degrees through its main campus in regular mode with approval of statutory bodies and councils. It is further stated that by virtue of Notification dated 17th June, 2013 the regulatory functions in respect of Open Distance Learning Centers has now been controlled by UGC, and further that the university was not authorised to off-the-campus study centers beyond territorial jurisdiction of the State of Rajasthan where it is established. It was stated that the OPJS University is neither granted any approval for conducting distance educational programmes or even to open off-campus study centers other than its main campus. It is finally stated by the UGC that, the said OPJS University of Rajasthan is not in the list of the approved university/institution recognized for distance education.
5. Figures on the record a communication dated 07th December, 2013 addressed by the University Grants Commission (UGC) to the Vice Chancellor of the OPJS University, which is in relation to the establishment of the OPJS University as a private university, and it throws light on certain important and material aspects having bearing on the controversy. The UGC explicitly stated that inclusion of the name of the university in the list of university maintained by it did not by itself permit such university to grant admissions in its various programmes. Importantly, it was stated by UGC further that the admissions to the academic programmes may be done by the universities/ institutions only after creation of the required academic infrastructure and physical requirements including provision of library, laboratory as well as appointment of teaching and non-teaching staff in consonance with the norms and standards laid down by the UGC or other statutory regulatory authorities.
5.1 It was further stated by the UGC in respect of the OPJS University that an committee would be constituted by the UGC to ascertain whether the OPJS University fulfilled criteria in terms of the academic programmes, recruitment of faculties, availability of infrastructural facilities as well as the financial viability. It was stated that these aspects would be examined by the expert committee with reference to the norms and rules laid down by statutory bodies like UGC, AICTE, BCI, MCI, NCTE, PCI, etc. As stated, the expert committee of the 52 C/LPA/349/2018 CAV JUDGMENT UGCL would visit the university within three months for on-the-spot assessment and would prepare a report in that regard, whereafter the final decision would be taken by the UGC and the university may be asked to comply with the deficiency. Noticeable was the contents of status report about inspection to be carried out by the expert committee of the UGC in which the details were mentioned and remarks were made against different universities and colleges. The remark against the OPJS University was that the information was asked for, for the purpose of inspection, however they were awaited.
5.2 In light of the above aspects highlighted in the communication of the UGC, the doubts entertained by the respondents and consequential refusal to accept the degree could hardly be said to be unreasonable. The contents of the said letter offered answers to the arguments of the petitioners whose contention was that once the university was established, it could confer any degree or diploma."
25. We are in agreement with aforesaid finding and, therefore, further discussion on the issue is not necessary. This group of appeals and other similar Letters Patent Appeals filed by the appellants represented by learned advocate Mr.Prithvi Jadeja, who adopted submissions of Mr.T.R.Mishra, therefore, do not require any repetition.
26. In view of above, Letters Patent Appeal Nos.363 to 369, 371 to 381 of 2018 and Letters Patent Appeal Nos.443 to 448 of 2018 are rejected.
Sd/-
(ANANT S. DAVE, J) Sd/-
(BIREN VAISHNAV, J) R.S. MALEK 53