Gujarat High Court
Devubha Hetubha Vaghela vs State Of Gujarat on 29 August, 2018
Author: N.V.Anjaria
Bench: N.V.Anjaria
C/SCA/13073/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13073 of 2018
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DEVUBHA HETUBHA VAGHELA
Versus
STATE OF GUJARAT
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Appearance:
MR TR MISHRA(483) for the PETITIONER(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,3,4,5,6,7,8,9
MR KM ANTANI, ASST.GOVERNMENT PLEADER for RESPONDENT No. 1
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CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA
Date : 29/08/2018
ORAL ORDER
Heard learned advocate Mr.T.R.Mishra for the petitioners and learned Assistant Government Pleader Mr.K.M.Antani for the respondentState who appeared upon service of copy of the petition in advance.
2. The petitioners have been working as Multi Purpose Health Worker. By filing this petition under Article 226 of the Constitution, the petitioners have sought to quash the instructions contained in communication dated 12.02.2018, issued by respondent No.1 through Panchayat Rural Housing and Rural Development Department.
3. It is stated in the impugned communication that those Multi Purpose Health Workers who had obtained Page 1 of 5 C/SCA/13073/2018 ORDER their appointment on the basis of certificates of educational qualification from certain Universities, may be given notice and thereafter appropriate action may be initiated against them. The petitioners have obtained their qualification from Manav Bharati University, Himachal Pradesh.
3.1 The Universities granting certificates in such cases were those whose status was examined by the High Court in Letters Patent Appeal No.504 of 2016 decided on 18.07.2017. It appears that the petitioners obtained their Diploma from Manav Bharati University and the acceptability of the course from the said University was examined by the High Court in the aforesaid Letters Patent Appeal. 3.2 The impugned communication contemplates issuance of notice. In course of today's hearing, learned advocate for the petitioners was fair to point out that now the Principal District Health Officer, Arvalli District Panchayat, Modasa, has also issued Show Cause Notice dated 20.08.2018 pursuant to the impugned communication.
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4. According to learned advocate for the petitioners, in issuing the impugned instructions, the authorities misinterpreted judgment in the Letters Patent Appeal. It was submitted with reference to the contents of paragraph12 of the judgment of the Letters Patent Bench that the certificates issued by Manav Bharati University were not liable to be treated as illegal. Be as it may.
5. This Court has no occasion in the present proceedings to delve into those aspects. The impugned instructions inter alia contemplate giving of notice to class of persons such as the petitioners who have obtained Degree/Diploma from certain Universities, status of which was examined by the Letter Patent Bench. The instructions provided for giving of notice and thereafter taking appropriate action. Even the notice contemplated in the instructions has now been issued being notice dated 20.08.2018. 5.1 The petitioners have no cause of action to base the present petition as they would be entitled to give a reply to the Show Cause Notice which is already issued and raise all the contentions to Page 3 of 5 C/SCA/13073/2018 ORDER answer the notice. The petition is premature and preemptive in nature. As already noted hereinabove, the petitioners are subjected to calling for explanation by issuance of notice. When there is no enforceable right arising, much less any crystallized right, this Court is not inclined to exercise its extraordinary jurisdiction under Article 226 of the Constitution.
6. Identical question was examined on the identical set of facts in respect of another petitioner in Special Civil Application No.3717 of 2018 as well as in Special Civil Application No.3720 of 2018. Said petitions were rejected on same reasoning as above. Yet another identical Special Civil Application No.3721 of 2018 was subjected to challenge in Letters Patent Appeal No.1111 of 2018. The Letters Patent Bench by order dated 24.08.2018 dismissed the Letters Patent Appeal, observing thus, "2. Having regard to the fact that the appellantpetitioner has challenged the circular dated 12.2.2018 issued by the Deputy Secretary, Panchayat, Rural Housing and Rural Development Department based upon an apprehension that some adverse action may be taken against him, the court is in agreement with the view adopted by the learned Single Judge that the petition is premature and preemptive in nature. In effect Page 4 of 5 C/SCA/13073/2018 ORDER and substance while challenging the circular the appellant seeks to preempt any action on the part of the respondent authorities based upon the said circular."
7. For the aforesaid reasons, this petition is not liable to be entertained. Hence, dismissed.
(N.V.ANJARIA, J) Gaurav+ Page 5 of 5