Gujarat High Court
Minal Naranji Chhatbar vs State Of Gujarat & on 19 February, 2016
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
C/SCA/11647/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 11647 of 2015
With
SPECIAL CIVIL APPLICATION NO. 14185 of 2015
With
SPECIAL CIVIL APPLICATION NO. 11658 of 2015
With
SPECIAL CIVIL APPLICATION NO. 11668 of 2015
With
SPECIAL CIVIL APPLICATION NO. 11821 of 2015
With
SPECIAL CIVIL APPLICATION NO. 11832 of 2015
With
SPECIAL CIVIL APPLICATION NO. 11669 of 2015
With
SPECIAL CIVIL APPLICATION NO. 11649 of 2015
With
SPECIAL CIVIL APPLICATION NO. 11651 of 2015
With
SPECIAL CIVIL APPLICATION NO. 11650 of 2015
With
SPECIAL CIVIL APPLICATION NO. 11672 of 2015
With
SPECIAL CIVIL APPLICATION NO.367 OF 2016
With
SPECIAL CIVIL APPLICATION NO.21113 OF 2015
With
SPECIAL CIVIL APPLICATION NO.1608 OF 2016
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C/SCA/11647/2015 ORDER
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MINAL NARANJI CHHATBAR....Petitioner(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
==========================================================
Appearance:
MR NIRAV R MISHRA, ADVOCATE for the Petitioner(s) No. 1
GOVERNMENT PLEADER for the Respondent(s) No. 1 - 2
==========================================================
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 19/02/2016
COMMON ORAL ORDER
1. Since the issues raised in all the captioned applications are more or less the same, those were heard analogously and are being disposed of by this common judgment and order.
2. For the sake of convenience, the Special Civil Application No.11647 of 2015 is treated as the lead matter.
3. By these writ applications under Article 226 of the Constitution of India, the petitioners, desirous of seeking appointment on the post of Laboratory Technician, have prayed for the following reliefs;
"(A) Your Lordships may be pleased to admit and allow this Special Civil Application;
(B) Your Lordships may be pleased to hold and declare the action on the part of the respondent authorities of declaring the petitioner, who is a successful candidate, to be ineligible for appointment to the post of Laboratory Technician as the course is done from the unrecognized Institution without providing list in the advertisement itself of recognized institutions that candidates who have not done course from one among the recognized Page 2 of 24 HC-NIC Page 2 of 24 Created On Thu Aug 17 02:34:46 IST 2017 C/SCA/11647/2015 ORDER institutions shown in the list of recognized institutions, to be illegal, arbitrary, unconstitutional, violative of Articles 14, 16 and 21 of the Constitution of India, therefore, null and void.
(C) Your Lordships may be pleased to hold and declare that the petitioner possessed superior qualification with the subjects in graduation, fulfills the requirement of one year of diploma course and therefore, merely on the ground that diploma course institution does not figure in the list of recognized institutions kept and maintained by the respondent authorities shall not be treated to be ineligible for appointment to the post of Medical Laboratory Technician Class III.
(D) Your Lordships may be pleased to hold and declare that the petitioner stands entitled to be issued with order of appointment to the post of Medical Laboratory Technician (Class-III) and accordingly, Your Lordships may be pleased to direct the respondent authorities to issue order of appointment to the petitioner coup;ed with the order of posting to a particular place as Medical Laboratory Technician (Class-III).
(E) Pending admission, hearing and disposal of this Special Civil Application, Your Lordships may be pleased to direct the respondent authorities to issue order of appointment in favour of the petitioner to the post of Medical Laboratory Technician (Class-III) and further may be pleased to direct the respondent authorities to issue order of posting to the petitioner for the particular post of Medical Laboratory Technician (Class-III).
(F) Ex-parte ad-interim relief in terms of prayer (E) above may kindly be granted.
(G) Your Lordships may kindly be pleased to pass any other further order/s as are deemed fit, just and proper in the facts and circumstances of the case and in the interest of justice."
4. The facts of this case may be summarized as under;
4.1 The Gujarat Panchayat Service Selection Board, issued an advertisement No.6/2013-2014 and conducted the written Page 3 of 24 HC-NIC Page 3 of 24 Created On Thu Aug 17 02:34:46 IST 2017 C/SCA/11647/2015 ORDER examination for the purpose of appointment on the post of Laboratory Technician (Class-III) by way of direct recruitment.
4.2 The petitioners had applied on-line with necessary information in a prescribed formate. In all, 561 posts were advertised with a break up as under;
(i) 289 seats for the General Category
(ii) 23 seats for the Scheduled Castes Category
(iii) 103 seats for the Scheduled Tribes Candidates
(iv) 146 seats for the Social and Economically Backward Class (SEBC).
4.3 The selected candidates were to be posted according to the vacancies in the different districts allover the State of Gujarat.
4.4 The educational qualifications have been prescribed under the rules called the "Laboratory Technician(Class-III), Recruitment Rules, 2013.
4.5 The candidates had to appear in the written examination of 100 marks with time duration of one hour. The question paper consisted of (i) Gujarati Language and Grammar-20 marks (ii) English Grammar- 20 Marks (iii) General Knowledge- 25 Marks (iv) questions relating to the service, 35 Marks.
4.6 The result of the written examination was declared on 21.4.2014. 505 candidates were declared successful out of 561 posts which were advertised.
4.7 It is the case of the petitioners that their names figured in the provisional select list for the post of the Laboratory Technician (Class-III). The petitioners have been denied appointment on the ground that although they have obtained Page 4 of 24 HC-NIC Page 4 of 24 Created On Thu Aug 17 02:34:46 IST 2017 C/SCA/11647/2015 ORDER the certificate of the necessary course after completion of B.Sc., yet the State Government has not recognized the institutes which have issued the certificates of the course in the medical laboratory technology.
5. Mr. Mishra, the learned counsel appearing for the petitioners submitted that the institutes which imparted training to the petitioners cannot be said to have not been recognized by the Government. According to Mr. Mishra, his clients had no idea even if the institutes in question have not been recognized by the Government. According to Mr. Mishra, the Government should have been made it very clear from day one that they would not consider the certificates issued by a particular institute for the course in question, and if such declaration would have been made, then, probably, the petitioners would not have undergone the training at such institutes.
6. In such circumstances referred to above, Mr. Mishra prays that his clients should be given the appointment on the post of Laboratory Technician.
7. On 22nd July, 2015, the following order was passed;
"Issue notice to the respondents returnable on 05.08.2015.
In the meantime, the respondents shall undertake the exercise of verifying, whether The Gujarat Research & Medical Institute at the Rajasthan Hospitals is affiliated to any Government Body like Government of Gujarat, Universities, Technical Education Board, Gujarat Council for Vocational Training or Indian Medical Association.
After the verification, if it is found that it is not affiliated, then the credential of the Institute shall be determined Page 5 of 24 HC-NIC Page 5 of 24 Created On Thu Aug 17 02:34:46 IST 2017 C/SCA/11647/2015 ORDER for the purpose of considering the certificate issued in favour of the petitioner for the Course of Medical Laboratory Technician.
Direct service is permitted."
8. On 6th October, 2015, the following order was passed;
"1. Petitioners of these petitions are not covered by the decision of the committee which is placed on record by way of affidavit filed by the Joint Secretary, Panchayat Rural Housing and Rural Development Department. Learned advocate Ms.Vacha Desai for respondent No.1 requires time to file detailed affidavit in each matter.
2. Learned advocate Mr.Mishra for the petitioners submits that he would also require time to file rejoinder affidavit and also shall place on record the credentials of the concerned institute comparing the same with the Recruitment Rules of 2014 of the State of Gujarat. He has also pointed out from note attached with the further affidavit in Special Civil Application No. 11647 of 2015 that the committee has not accomplished the task as was directed by the Court at the time of issuance of notice.
3. Learned Assistant Government Pleader Ms.Vacha Desai would like to clarify this aspect. The State shall file further affidavit-in-reply on or before 16.10.2015. Any rejoinder if is to be filed, the same shall be done by 26.10.2015. Matters shall come up for hearing on 2.11.2015.
4. Pendency of these matters, in no manner, will hamper the directions issued by this Court in the case of others, in Special Civil Application No.11648 of 2015 and allied matters today (i.e. on 6.10.2015) and in Special Civil Application No.12291 of 2015 on 5.10.2015, who had applied and found place in the merit list. The respondent- State is directed to keep 19 posts vacant till further orders."
9. On 7th January, 2016, the following order was passed;
1. As issue involved is identical in facts and law in all these Civil Applications, they are being decided by way of Page 6 of 24 HC-NIC Page 6 of 24 Created On Thu Aug 17 02:34:46 IST 2017 C/SCA/11647/2015 ORDER this common oral order. Reliefs sought for in Civil Application No.209 of 2015, drawn for adjudication of these applications, are as follows:-
16. The applicant, therefore, approaches this Honble Court and prays that:-
(A) Your Lordships may be pleased to admit and allow this application;
(B) Your Lordships may be pleased to hold and declare that the report No.2 at Annexure-VII showing the applicant-petitioner Not OK at Srl.No.42, No Affiliation and mentioning Microbiology online application to be unfounded, unjustified, irrational and contrary to the directions of this Honble Court dated 22.7.2015.
C.Your Lordships may be pleased to direct the respondent authorities to issue forthwith the order of appointment in favour of the applicant for the post of Laboratory Technician Class-III. D.Pending admissions, hearing and final disposal of the main Special Civil Application, Your Lordships may be pleased to direct the respondent authorities to issue order of appointment in favour of the applicant in favour of the applicant subject to final result of the Special Civil Application No.11650 of 2015.
(E) Pending admission, hearing and final disposal of the present Civil Application, Your Lordships may be pleased to grant ex-parte ad-interim relief in terms of para(D) above.
(F) This Honble Court be pleased to pass such other and further order/s as deemed fit, just and proper by this Honble Court.
2. It is the case of the applicant that the report which is said to be submitted by the respondent authority pursuant to the order passed by this Court on 22.7.2015 in Special Civil Application No. 11651 of 2015 does not take care of the entire direction and in particular examining the credentials of the institutions where the course of Medical Laboratory Technician was conducted in case of many of the petitioners.
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3. Learned advocate Mr.Mishra appearing for the petitioner has urged that unless order in toto is complied with, this may act prejudicial to the case of the petitioner.
4. Learned Assistant Government Pleader Rashesh Rindani appearing for the petitioner that the main petition is pending. What all was required to be done pursuant to the directions, has been done and if this Court eventually is of the opinion that the respondent State has not followed the directions, the powers of judicial review are available. He, however, has urged that the entire order has been taken into consideration by the committee while coming out with the report.
5. Having thus heard learned advocates for the parties, it can be said that report of the committee is already before the Court where the courses/institutions of 372 candidates have been considered as valid, whereas in cases of 119 candidates, the same is found to be invalid, whereas 14 candidates no opinion is expressed. This Court passed the order initially on 22.7.2015 as follows:
Issue notice to the respondents returnable on 05.08.2015.
In the meantime, the respondents shall undertake the exercise of verifying, whether The Gujarat Research & Medical Institute at the Rajasthan Hospitals is affiliated to any Government Body like Government of Gujarat, Universities, Technical Education Board, Gujarat Council for Vocational Training or Indian Medical Association.
After the verification, if it is found that it is not affiliated, then the credential of the Institute shall be determined for the purpose of considering the certificate issued in favour of the petitioner for the Course of Medical Laboratory Technician.
Direct service is permitted.
6. From the beginning the respondent authority is Page 8 of 24 HC-NIC Page 8 of 24 Created On Thu Aug 17 02:34:46 IST 2017 C/SCA/11647/2015 ORDER aware of the order passed by this Court at the time of issuance of notice and where the Court not only has directed the respondent to undertake the exercise of verifying whether The Gujarat Research &Medical Institute at the Rajasthan Hospitals is affiliated to any Government Body like Government of Gujarat, Universities, Technical Education Board, Gujarat Council for Vocational Training or Indian Medical Education and after verification if it is found that it is not affiliated, then the credentials of the institute shall be determined for the purpose of considering the certificate issued in favour of the petitioner for the Course of Medical Laboratory Technician.
7. The committee was constituted pursuant to the directions of this Court which has given its report on 28.10.2015 taking into consideration the educational qualification of the petitioner as is apparent from the affidavit-in-reply.
8. The respondent authority is conscious from the very beginning about the directions issued by this Court. It is expected to have considered the credentials of the institutions not restricting the server to the website alone. This was essentially to know whether the certificate issued in favour of the respective petitioners for the course of Medical Laboratory Technician is valid or not.
9. The main petitions are still to be heard, at this stage, the Court does not deem it proper to adjudicate this issue, it will be kept open to be heard at the time of final hearing of the matters. It is open for the respondent authority to still examine this aspect if it has been left out by the committee in its opinion. The Court will consider this issue at the time of final hearing of the matters.
10. Civil Applications stand disposed of accordingly. Let the main matters i.e. Special Civil Application Nos. 11651,11832,11647,11649 and 11650 of 2015 appear on board on 27.1.2016."
10. The respondents have appeared, and on behalf of the respondent No.1, an affidavit-in-reply has been filed, duly Page 9 of 24 HC-NIC Page 9 of 24 Created On Thu Aug 17 02:34:46 IST 2017 C/SCA/11647/2015 ORDER affirmed by the Joint Secretary, Panchayat Department, inter alia, stating as under;
4. Before going into the merits of the case, I would like to briefly state about the Recruitment Rules for the post of Laboratory Technician, Class III and the subsequent affirmative actions taken by the state government in this regard, I say that the entire matter under petition revolves round the Recruitment Rules.
5. I say and submit that the Recruitment Rules for the post of Laboratory Technician, Class. III were original framed on 19.11.1998 (copy of the Rules is annexed as "Annexure-R-I"). Subsequently, in the year 2014 there came to be certain changes in the said recruitment rules. The said Rule is known as "Laboratory Technician, Class III, Recruitment Rules, 2013. The said Rules specify as under:-
"(b)(i) possess a bachelor's degree in Science with Chemistry or Microbiology as the principal subject 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 to be a University under section 3 of the University Grants Commission Act, 1956; or an equivalent qualification recognized by the Government;
(ii) have passed the Diploma in Laboratory Technicians Course of an institution recognized by the Government;
(copy of the Rules 2014 is annexed as "Annexure-R-II")
6. I further say and submit that Gujarat Panchayat Service Selection Board is the recruitment body for the selection of post of Laboratory Technicians (here in after referred to as "Selection Board"). The Selection Board issued public advertisement for some 561 posts of Laboratory Technicians on dated the 25/01/2014. This advertisement was published based upon the provision of recruitment rules of 2013.
7. I further say and submit that pursuant there to Selection Board has prepared provisional list of selection wherein Page 10 of 24 HC-NIC Page 10 of 24 Created On Thu Aug 17 02:34:46 IST 2017 C/SCA/11647/2015 ORDER out of 505 candidates, 24 candidates were found having qualification matching with the recruitment rules of 2013.
8. I further submit that Government has taken cognizance of the fact that only 24 candidates got qualified based upon the Recruitment Rules of 2013 where diploma was specified as qualification. Department therefore approached the highest authority of Government and approval was accorded for certain equivalent qualification offered by these 19 institutions which were figuring in the report of Commissioner of Health. I further state that Selection Board was directed to approve the equivalent certificate issued by such 19 institutions. Selection Board, then after, was required to examine certificates to ascertain veracity viz a viz 19 institutions. The Selection Board completed the exercise. The resultant effect of such exercise was to the extent that there was increase in selection of candidate and a number is reached up to 305 whereas, earlier the number was only 24. The Selection Board published provisional list of 305 candidates.
9. It is further submitted that it was felt necessary to expand the scope of recruitment by amending recruitment rules of 2013. Therefore after examining the matter amended rules for the post of Laboratory Technicians Class III was notified as "The Laboratory Technicians Class III, Recruitment (Amendment) Rules, 2015." The said rules specified as under:-
"In the Laboratory Technicians, Class-III, Recruitment Rules, 2013 in rule 3, in sub-rule (b), for clause (ii), the following shall be substituted namely:-
"(ii) have passed the Diploma in Laboratory Technician. Or Medical Laboratory Technician or Medical Laboratory Technology obtained form any of the Universities established or incorporated by or under the Central of State Act, in India: or any other educational institutions recognized as such or declared to be deemed as a University under section 3 of the University Grants Commission Act, 1956: or possess the certificate of Laboratory Technician Training Course conducted by institution recognized as such by the Government or a medical collage recognized as such by Medical Council of India or possess an equivalent qualification recognized as such by the Page 11 of 24 HC-NIC Page 11 of 24 Created On Thu Aug 17 02:34:46 IST 2017 C/SCA/11647/2015 ORDER Government,"
(copy of the Rules 2015 is annexed as "Annexure-R- III)
10. It is humbly submitted that by virtue of the amendment in the Recruitment Rules, as aforesaid, eligibility criteria has been expanded with a view that future candidates can avail the benefit of amended rules.
11. I further say that number of petitions came to be filed wherein one such matter being SCA 10265 of 2015 Hon'ble Court passed order on 21.07.2015, relevant Paragraphs are quoted herein under:-
"...... In any view of the matter, Mr. Oza, the learned AGP appearing for the respondents, after taking instructions from the Under Secretary, Mr. Gadhavi of the Panchayat Department, makes a statement that the case of the applicants herein is in active consideration by the State Government in light of the opinions on record. I am of the view that in view of the two opinions on record, the applicants could be said to have fulfilled the requirements so far as the educational qualifications are concerned. I am sure that this aspect will be taken into consideration by the State Government and appropriate orders would be passed in that regard so that the applicants herein could be included in the select list. Such decision shall be taken at the earliest, preferably within a period of one week from the date of the receipt of this order. (copy of the order dated 21/07/2015 is annexed as "Annexure-R-IV")
12. I further state that the matter was under positive consideration and the decision was required to be taken by the highest authorities and since it was time consuming therefore an MCA being MCA (stamp) no. 2577/2015 was filed for seeking extension of time.
13. I further state and submit that pursuant thereto Government examined the matter in detail and it was observed that since the Recruitment Rules of 2013 were limited to eligibility to the diploma holders, number of litigations had been filed. It is also further observed that any non-diploma holders, who have equivalent Page 12 of 24 HC-NIC Page 12 of 24 Created On Thu Aug 17 02:34:46 IST 2017 C/SCA/11647/2015 ORDER recognized qualifications could have been selected by 2015 Recruitment Rules.
14. It is further submitted that after thoroughly examining the matter Government has considered at the highest level and an extremely special decision has been taken to allow 2015 recruitment rules for select list of 2014.
15. I further submit that Government has taken a decision with a view to put an end to the litigations in the matter and also to enable the Selection Board to finalize the appointment list of 2014 recruitment. The decision has been taken by Government as a special case not to be treated as a precedent.
16. I further humbly clarify and submit that since the Government has taken this step to put an end of the pending litigations and to help deserving candidates, now the appellants of all such cases should be asked to approach the Selection Board. I state that Government will direct the Selection Board to consider all such cases and similarly situated cases under the parameters of Rule 3 Sub-Rule (d) clause 2 of 2015 Recruitment Rules. In case of doubt of equivalence, the Selection Board may approach the State health Commissioner for clarification. The Selection Board will also be directed to complete all procedure as soon as possible."
11. One further affidavit has been filed, duly affirmed by the Joint Secretary, Panchayat Department, inter alia, stating as under;
"3. The report of the committee is that:
(i) 372 candidates course/institutions can be considered as valid,
(ii) 119 are not considered as valid,
(iii) 14 candidates had remained absent.
A copy of the report to committee along with its annexures are annexed hereby and marked as ANNEXURE -P. Page 13 of 24 HC-NIC Page 13 of 24 Created On Thu Aug 17 02:34:46 IST 2017 C/SCA/11647/2015 ORDER
4. The report of the committee is self explanatory. However, in the brief chronology of the events which had taken place are as under:
* Requisition of 561 posts of Laboratory Technician was sent by the Panchayat Department to Gujarat Panchayat Service Selection Board, Ahmedabad.
* Advertisement came to be issued by the Panchayat Service Selection Board and written examination was conducted on 15.02.2014. Wherein, 2014 candidates had appeared.
* A preliminary merit list was prepared by the Board on 21.04.2014 which had list of 505 candidates.
* According to the recruitment rules dated 01.01.2014 only 24 candidates were found eligible and therefore, the Board did not prepared the final merit list.
* The Board sought for opinion in this regard from the Panchayat Department vide letters dated 24.07.2014 and 02.12.2014.
* Pursuant to which the Commissioner, Health Department/ Secretary Health Department submitted report on 02.03.2015 considering few aspects which was sent to the Panchayat Department for approval.
* On 11.05.2015, 19 institutions/courses were considered as equivalent and the same was informed to the Board.
* The Board again called those candidates for document verification from 09.06.2015 till 12.06.2015 and the merit list of 305 candidates were prepared on 14.07.2015.
* On 23.07.2015, the candidates were to be called personally for District Selection. However, in the meanwhile the order dated 21.07.2015 came to be passed in SCA 10265/2015. A copy of the order dated 21.07.2015 is annexed hereby and marked as ANNEXURE
- Q. Page 14 of 24 HC-NIC Page 14 of 24 Created On Thu Aug 17 02:34:46 IST 2017 C/SCA/11647/2015 ORDER * Accordingly, the candidates which were to be called on 23.07.2015 were postponed due to the statement made by the Under Secretary, Panchayat Department in the hearing before this Hon'ble Court.
* Pursuant to the oral hearing on 03.09.2015 in the one of the matters, the Panchayat Department vide resolution dated 11.09.2015 formed a committee. A copy of the GR dated 11.09.2015 is annexed hereby and marked as ANNEXURE-R. * Committee held its meeting on 14.09.2015 and institution wise the discussion and equivalence was considered and the report dated 26.09.2015 which was prepared is annexed hereby and marked as ANNEXURE
-S. *Thereafter, on the next date of hearing on 05.10.2015 and 06.10.2010, this Hon'ble Court was pleased to pass orders which are annexed hereby and marked as ANNEXURE-R-T COLLECTIVELY.
* It is pertinent to bring to the notice of this Hon'ble Court that pursuant to the above directions, Misc. Civil Application have been preferred by the Panchayat Service Selection Board for [(i). Extension of time, (ii). Recalling the order on the same ground] * The committee verified further aspects and accordingly 372 candidates course/institutions can be considered as valid, 119 are not considered as valid, 14 candidates had remained absent. The details of which are already annexed to the main report.
5. The above aspect is explained in detail in the committee report itself and therefore, now the next step would be that the Panchayat Service Selection Board would called the eligible candidates for verification of the documents like Creamy Layer Certificate etc. and thereafter, for District Selection of the respective District Development Officer.
6. However, the final appointment would be made by the concerned authorities at the individual district level namely CDHO/DDO after the exercise is completed by the Board.
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7. It would be relevant to bring to the notice of this Hon'ble Court that this entire exercise would take atleast 15-20 days after the moral code of conduct would end on 02.12.2015.
8 It is also worthwhile to state here that this entire exercise/positive exercise is undertaken by the State Government as a special case which may not be treated as precedent.
9 It is also made clear that mere finding course/institution of the candidate/petitioner as valid or eligible as per the report of the committee, would not create any right in his favour for seeking appointment unless, he fulfills other aspects as required by the Board as per the prevailing policy/rules etc."
12. Mr. Mishra has placed strong reliance on one order dated 6th October, 2015, which reads as under;
"1. Petitioners of these petitions are not covered by the decision of the committee which is placed on record by way of affidavit filed by the Joint Secretary, Panchayat Rural Housing and Rural Development Department. Learned advocate Ms.Vacha Desai for respondent No.1 requires time to file detailed affidavit in each matter.
2. Learned advocate Mr.Mishra for the petitioners submits that he would also require time to file rejoinder affidavit and also shall place on record the credentials of the concerned institute comparing the same with the Recruitment Rules of 2014 of the State of Gujarat. He has also pointed out from note attached with the further affidavit in Special Civil Application No. 11647 of 2015 that the committee has not accomplished the task as was directed by the Court at the time of issuance of notice.
3. Learned Assistant Government Pleader Ms.Vacha Desai would like to clarify this aspect. The State shall file further affidavit-in-reply on or before 16.10.2015. Any rejoinder if is to be filed, the same shall be done by 26.10.2015. Matters shall come up for hearing on 2.11.2015.Page 16 of 24
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4. Pendency of these matters, in no manner, will hamper the directions issued by this Court in the case of others, in Special Civil Application No.11648 of 2015 and allied matters today (i.e. on 6.10.2015) and in Special Civil Application No.12291 of 2015 on 5.10.2015, who had applied and found place in the merit list. The respondent- State is directed to keep 19 posts vacant till further orders."
13. It may not be out of place to state at this stage that the State Government preferred review applications so far as the order dated 6th October, 2015 is concerned and a statement is being made by Ms. Vacha Desai, the learned AGP appearing for the State that the review applications have been allowed and the order dated 6th October, 2015 has been recalled. She, however, made it clear that the order is not yet available as the same has not been downloaded in the computer.
14. Having heard the learned counsel appearing for the parties and having considered the materials on record, the only question that falls for my consideration is whether the petitioners are entitled to seek appointment on the post in question.
15. The State Government, pursuant to the directions issued by this Court, constituted a Committee consisting of (i) Dean, B.J. Medical College, Ahmedabad; (ii) Professor and Head, Department of Microbiology, B.J. Medical College, Ahmedabad ;
(iii) Professor and Head, Department of Microbiology, GMERS Medical College, Sola, Ahmedabad for the purpose of looking into the issue in question, i.e., whether the different institutes which imparted training, were affiliated to any Government body. The Committee, after a detailed consideration, addressed the following letter with necessary other materials Page 17 of 24 HC-NIC Page 17 of 24 Created On Thu Aug 17 02:34:46 IST 2017 C/SCA/11647/2015 ORDER to the Additional Director (Medical Education), Gandhinagar, stating as under;
"To, The Additional Director (Medical Education) Medical Education and Research Office of Commissioner (ME), Block No.5, Dr. Jivraj Mehta Bhavan, Gandhinagar.
Sub: Educational Qualification for Laboratory Technician Recruitment.
Ref: 1) Your letter no.G-1/Mahekam/Laboratory/X-ray technician
2) Meeting with Honourable Commissioner (Health) on 27-
Feb-2015 Respected Sir, As per the above letter from Additional Director (Medical Education) and the instructions from Honourable Commissioner (Health) in the above meeting, it was required to scrutinize the course contents and Universities in Gujarat offering them for the following two courses;
1) Diploma in Laboratory Technician; and
2) Diploma in Medical Laboratory Technology Upon examining the courses being offered in various institutions across the state of Gujarat;
a) It was found that a course entitled 'Diploma in Laboratory Technician' is not being offered by any Government College, University or Institution;
b) a course entitled "Diploma in Medical Laboratory Technology' is being offered only by Saurashtra University; and
c) several courses with a designation similar to the above courses could be found (tabulated in an excel sheet-
Page 18 of 24HC-NIC Page 18 of 24 Created On Thu Aug 17 02:34:46 IST 2017 C/SCA/11647/2015 ORDER enclosed). These courses were evaluated for the curriculum covered, duration and affiliation to government bodies. Based on these, the validity criteria for considering these courses at par with the above titles i.e Diploma in Laboratory Technician and Diploma in Medical Laboratory Technology is included in the spreadsheet for your kind reference.
For some of the institutes offering similar courses, it was observed that they lacked in curriculum and were not affiliated to any Government body like the Government of Gujarat, Universities, Technical Education Board, Gujarat Council for Vocational Training or Indian Medical Association. Their credentials may need to be scrutinized more closely.
Thanks and Best Regards Dean Professor and Head Professor and Head B.J. Medical College Department of Microbiology Department of Microbiology Ahmedabad B.J. Medical College GMERS Medical College, Sola Ahmedabad Ahmedabad.
16. The details as provided in the chart are as under;
Name of the s.c.a Course As per What Remark
petitioner
no./c.a./mc under committ objections s
a/for recall taken ee report (for not
(Degree/ valid or valid)
Certificat not valid
e
Rupesh V. c.a.no.12084/ B.Sc. Not valid as Institute is 6 month
Dantani 15 (Chemistry) per report not course
sca Certi. dated Recognized hence not
no.11668/15 Course in 8.10.15 Sr. for this valid
m.c.a medical No. 22 Course which
no.317/16 Laboratory is of six
petitioner no.6 Technology months
(Pathology) course
6 month
sterling
hosp. govt
Raval s.c.a. B.Sc. Not valid as No affiliation
Ghanshyam no.11832/15 (Microbiolog per report
bhai y) Institute dated
Popatlal of Medical 26.9.15 Sr.
Lab No. 09
Technology
Vivekanand
Education
Page 19 of 24
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C/SCA/11647/2015 ORDER
Foundation,
Ahmedabad
Minal s.c.a.no.11647 B.sc. Not valid as No affiliation
Naranji /15 (Microbiolog per report No detailed
Chhatbar y) PG Certi dated Marksheet
Course in 26.9.15 Sr.
Medical No. 03
Laboratory
Technology
Guj.
Research &
Medical
Institute,
Ahmedabad
Rajasthan
Hospital
Chandrika s.c.a.no.11669 B.Sc. Not valid as Note Para-5
Arjanbhai /15 (Micrology) per report & 6 of the
Nasit DML dated committee
Technology 26.9.15 Sr. Report dated
Indian No. 25 26.9.2015 in
Medical Para-6 any
Association, other
New Delhi, institute
Institute of offering
Paramedica Diploma in
l Course, Medical
Surat Technology
Laboratory
(IMA) shall
not be
considered
valid on the
ground
mentioned in
Point No.5
Amrutikaben s.c.a.no.11649 B.Sc. Not valid as No affiliation
Utambhai /15 (Microbiolog per report
Ganvit y) DML dated
Technology 26.9.15 Sr.
Medi Planet No. 31
Institute of
Medical
Science
Bhashkar s.c.a.no.11650 B.Sc. Not valid as No affiliation
Labhshankar /15 (Chemistry) per report
Gandhi Institute of dated
Medical Lab 26.9.15 Sr.
Technology No. 09
Vivekanand
Education
Foundation,
Ahmedabad
Rinaben s.c.a.no.11651 B.Sc. Not valid as No affiliation
Rukampalsin /15 (Microbiolog per report No detailed
h Chauhan y) Medical dated marksheet
Laboratory 26.9.15 Sr.
Page 20 of 24
HC-NIC Page 20 of 24 Created On Thu Aug 17 02:34:46 IST 2017
C/SCA/11647/2015 ORDER
Technology No. 03
Gujarat
Research &
Medical
Institute,
Abad
Rajasthan
Hospital.
Amiben s.c.a.no.11672 B.Sc. (Bio- Valid but Basic
Dhiruben /15 Science) not ok education
Bhatiya DML qualification
Technology not as per
Sarvajanik Rules,
Medical (Requisite
Trust, qualification
Surat, is B.Sc.
Saurashtra Micro/Chem)
University
Dakshaben s.c.a.no.367/1 B.Sc. Not valid as No affiliation
Amrutlal 6 (Microbiolog per report No detailed
Patel y) PG Certi dated marksheet
Course in 26.9.15 Sr.
Medical No. 25
Laboratory
Technology
Gujarat
Research &
Medical
Institue,
abad,
Rajasthan
Hospital
Premaben s.c.a.no.1608/ B.Sc. Not valid as Note Para-5
Kamleshkum 16 (Microbiolog per report & 6 of the
ar Desai y) DML dated committee
Technology 26.9.15 Sr. Report dated
Indian No. 25 26.9.2015 in
Medical Para-6 any
Association, other
New Delhi, institute
Institute of offering
Paramedica Diploma in
l Course, Medical
Surat Technology
Laboratory
(IMA) shall
not be
considered
valid on the
ground
mentioned in
Point No.5
Mahamad s.c.a.no.11658 B.Sc. (Bio- Valid but Basic
Iqbal /15 Chemistry) not ok as education
Musabhai DML per report qualification
Saiyad Technology dated not as per
Pramukh 26.9.15 Sr. Rules,
Page 21 of 24
HC-NIC Page 21 of 24 Created On Thu Aug 17 02:34:46 IST 2017
C/SCA/11647/2015 ORDER
Swami No. 25 (Requisite
medical qualification
college is B.Sc.
Sardarpatel Micro/Chem)
University
Urvashiben s.c.a.no.11668 B.Sc. Not valid as Basic
Dhansukhbh /15 Medical per report education
ai Patel technology dated qualification
MSC 26.9.15 Sr. not as per
Medical No. 27 Rules,
technology (Requisite
Veer qualification
narmad is B.Sc.
south Guj. Micro/Chem)
University
Payalben s.c.a.no.11668 B.Sc. Not valid as Basic
Amrutlal /15 Medical per report education
Patel technology dated qualification
MSC 26.9.15 Sr. not as per
Medical No. 14 Rules,
technology (Requisite
Veer qualification
narmad is B.Sc.
south Guj. Micro/Chem)
University
Vaibhavi s.c.a.no.11668 B.Sc. Valid but Basic
Rakesh /15 Medical not ok as education
Tiwari Technology per report qualification
Sardarpatel dated not as per
University 26.9.15 Sr. Rules,
No. 37 (Requisite
qualification
is B.Sc.
Micro/Chem)
Nisha s.c.a.no.11668 B.Sc. Not ok Basic
Bhupendrab /15 Medical education
hai Pandit technology qualification
MSC not as per
Medical Rules,
technology (Requisite
Sardarpatel qualification
university is B.Sc.
Micro/Chem)
Bhavnaben c.a.no.12088/ B.Sc. Not ok Basic
Amarsinh 15 Medical education
Bamaniya sca technology qualification
no.11838/15 MSC not as per
mca Medical Rules,
no.319/16 technology (Requisite
Sardarpatel qualification
university is B.Sc.
Micro/Chem)
Devendraku Sca B.Sc. Not valid as No affiliation
mar no.11821/15 (Chemistry) per report
Ishvarlal Institute of dated
Darji Medical Lab 26.9.15 Sr.
Page 22 of 24
HC-NIC Page 22 of 24 Created On Thu Aug 17 02:34:46 IST 2017
C/SCA/11647/2015 ORDER
Technology No. 09
Vivekanand
Education
Foundation,
Ahmedabad
Rashmitabe c.a.no.12085/ B.Sc. (Bio- Valid but Basic
n 15 technology) not ok as education
Sumanbhai sca Gujarat per report qualification
Patel no.12193/15 Institue of dated not as per
mca Technical 26.9.15 Sr. Rules,
no.318/16 Education No. 02 (Requisite
Vadodara qualification
is B.Sc.
Micro/Chem)
Harshidaben Sca B.Sc. Valid as per Appointed
Ganpatbhai no.112113/15 (microbiolo report
Patel gy) Vinayak dated
mission 26.9.15
university Sr. No. 10
Manisha Sca B.Sc. Valid as per Appointed
Arjunsinh no.11668/15 (microbiolo report
Vaghela gy) Shri dated
A.N. Patel 26.9.15
P.G. Sr. No. 42
Institute
MSC in
Medical
Laboratory
technology
Sardarpatel
university
17. In view of the report of the specially constituted committee, the picture is more than clear. The certificates, on which reliance is being placed by the petitioners of different institutes, which imparted training, cannot be looked into for the purpose of appointment on the post in question is concerned. In such circumstances, the petitioners are not entitled to any relief as prayed for.
18. For the foregoing reasons, these writ applications fail and are hereby rejected.
(J.B.PARDIWALA, J.) Page 23 of 24 HC-NIC Page 23 of 24 Created On Thu Aug 17 02:34:46 IST 2017 C/SCA/11647/2015 ORDER Vahid (Note: Correction is carried out in the cause title as per the order passed by this Court dated 05.05.2017 below office note filed by the Registry) Page 24 of 24 HC-NIC Page 24 of 24 Created On Thu Aug 17 02:34:46 IST 2017