Gujarat High Court
Hemantkumar Rayjibhai Vasava vs State Of Gujarat on 27 August, 2021
Author: Bhargav D. Karia
Bench: Bhargav D. Karia
C/SCA/9062/2019 JUDGMENT DATED: 27/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9062 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 10390 of 2019
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 2 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 10390 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 10670 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 11319 of 2019
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 11319 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 16457 of 2018
With
CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 16457 of 2018
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 16457 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 16776 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 16817 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 17275 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 18245 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 18215 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 18216 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 18251 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 18244 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 20557 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 20797 of 2018
With
CIVIL APPLICATION (FOR AMENDMENT) NO. 2 of 2019
In R/SPECIAL CIVIL APPLICATION NO. 20797 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 1517 of 2019
Page 1 of 15
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C/SCA/9062/2019 JUDGMENT DATED: 27/08/2021
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE BHARGAV D. KARIA
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy
of the judgment ?
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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HEMANTKUMAR RAYJIBHAI VASAVA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR TR MISHRA(483) for the Petitioner(s) No. 1
GOVERNMENT PLEADER(1) for the Respondent(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 27/08/2021
COMMON ORAL JUDGMENT
1. Heard learned advocates Mr. T.R.Mishra, Mr. Manish Patel, Mr. H.S. Munshaw, Mr. Akshat Khare, Mr. A.J. Yagnik, Mr. U.M. Shastri, Mr. Dipak Lalwani, Mr. P.A. Jadeja for the respective parties.
2. Rule returnable forthwith. Learned advocates Page 2 of 15 Downloaded on : Sun Jan 16 10:47:09 IST 2022 C/SCA/9062/2019 JUDGMENT DATED: 27/08/2021 for the respective parties waives service of notice of rule on behalf of the respective respondents.
3. The issues involved in all these petitions are common and therefore, they have been heard together and would be disposed of by this common judgment.
4. Though the issues involved are identical in all the matters, it would be necessary to record brief individual facts of each matter.
Special Civil Application No.9062/2019 :
5. The sole petitioner who had passed Diploma in Health and Sanitary Inspector's course from Vinayaka Missions University, Tamil Nadu was appointed as Multi-Purpose Health worker vide appointment order dated 23rd June, 2014. His services came to be terminated vide order dated 25th April, 2019 as the petitioner had done the course through distance mode of learning. The petitioner being aggrieved had preferred Special Civil Application No.18572/2018 which came to be withdrawn vide order dated 4th December, 2018.
Page 3 of 15 Downloaded on : Sun Jan 16 10:47:09 IST 2022C/SCA/9062/2019 JUDGMENT DATED: 27/08/2021 Special Civil Application No. 10390/2019 :
6. The group of petitioners who had passed the Diploma course from Himalayan University, Itanagar, Arunachal Pradesh were appointed as Multi-Purpose Health workers vide order dated 29th April, 2017 and were posted at different places. Their services came to be terminated vide order dated 1st June, 2019 as there was discrepancy in the statements of the petitioners and the certificate issued by the University.
Special Civil Application No.10670/2019 :
7. The petitioner nos.1 to 4 who had passed Diploma in Health and Sanitary Inspector's course from Manav Bharti University, Himachal Pradesh, petitioner no.5 and 6 who passed from Vinayaka Mission University, Tamil Nadu and petitioner no.7 who passed from Himalayan University, Arunachal Pradesh were appointed as Multi-Purpose Health workers and were posted at different places. The petitioners apprehending that their services too would be terminated as is done in case of similarly situated employees have approached this Court by filing the present petition.
Special Civil Application No.11319/2019 :
8. The petitioner nos.1, 2 and 3 who had passed Page 4 of 15 Downloaded on : Sun Jan 16 10:47:09 IST 2022 C/SCA/9062/2019 JUDGMENT DATED: 27/08/2021 the Diploma course from Vinayaka Mission University, Tamil Nadu and petitioner no.4 who had passed Diploma course from Sunrise University, Rajashthan were appointed on 11 th September, 2012, 29th April, 2017, 17th July, 2014 and 4th September, 2015 respectively as Multi-Purpose Health workers and were posted at different places. The services of petitioner nos. 1, 2 and 3 came to be terminated on 6th June, 2019 whereas service of petitioner no.4 came to be terminated on 1st June, 2019.
Special Civil Application No.16457/2018 :
9. The sole petitioner who had passed Diploma in Health and Sanitary Inspector's course from OPJS University, Churu, Rajasthan was appointed as Multi-Purpose Health worker vide appointment order dated 28th April, 2017. It is the case of the petitioner that the services of the petitioner came to be terminated by orders dated 19th October, 2018 and 22nd October, 2018.
Special Civil Application No. 16776/2018 :
10. The sole petitioner who had passed Diploma in Health and Sanitary Inspector's course from Vinayaka Mission University, Tamil Nadu was appointed as Multi-Purpose Page 5 of 15 Downloaded on : Sun Jan 16 10:47:09 IST 2022 C/SCA/9062/2019 JUDGMENT DATED: 27/08/2021 Health worker vide appointment order dated 11th September, 2015. It is the case of the petitioner that the services of the petitioner came to be terminated by orders dated 19th October, 2018 and 22nd October, 2018.
Special Civil Application No. 16817/2018 :
11. The sole petitioner who had passed Diploma in Health and Sanitary Inspector's course from Sunrise University, Alwar was appointed as Multi-Purpose Health worker vide appointment order dated 1st August, 2015. It is the case of the petitioner that the services of the petitioner came to be terminated by orders dated 19th October, 2018 and 22nd October, 2018.
Special Civil Application No. 17275/2018 :
12. The group of petitioners who had passed the Diploma in Health and Sanitary Inspector's course from either of the two Universities namely, OPJS University, Churu, Rajasthan and Vinayaka Mission University, Tamil Nadu were appointed as Multi-Purpose Health workers. The petitioner nos.1 and 7 were appointed vide appointment order dated 7th September, 2015, petitioner nos.2,4,6, 9 and 10 were appointed by appointment order Page 6 of 15 Downloaded on : Sun Jan 16 10:47:09 IST 2022 C/SCA/9062/2019 JUDGMENT DATED: 27/08/2021 dated 21/24th September, 2012, petitioner no.3 was appointed by appointment order dated 12th July, 2013, petitioner nos.5 and 8 were appointed by appointment order dated 9th July, 2014, and petitioner no.11 was appointed by appointment order dated 18th October, 2014 respectively and were posted at different places. While the petition was pending, the respondents issued termination order dated 20th November, 2018 terminating the services of the petitioners and therefore, draft amendment for amending the petition came to be moved before this Court which was allowed by this Court vide order dated 26th November, 2018.
Special Civil Application No. 18245/2018 :
13. The group of petitioners who had passed the Diploma in Health and Sanitary Inspector's course from OPJS University, Churu, Rajasthan were appointed as Multi- Purpose Health workers. The petitioner nos.1 to 10, 12 and 13 were appointed vide appointment order dated 25th April, 2017, petitioner no.11 was appointed vide appointment order dated 11th September, 2015 and petitioner nos. 14 to 21 were appointed by appointment order dated 28th April, 2017 Page 7 of 15 Downloaded on : Sun Jan 16 10:47:09 IST 2022 C/SCA/9062/2019 JUDGMENT DATED: 27/08/2021 and were posted at different places. The petitioner nos.1 to 13 were terminated vide termination order dated 1st November, 2018, petitioner nos. 14 to 16 and 18 were terminated by termination order dated 22nd October, 2018 and petitioner nos. 17, 19 to 21 were terminated by termination order dated 19/22nd October, 2018.
Special Civil Application No. 18215/2018 :
14. The sole petitioner who had passed Diploma in Health and Sanitary Inspector's course from Vinayaka Mission University, Tamil Nadu was appointed as Multi-Purpose Health worker vide appointment order dated 26th April, 2017 against the reserved post of Physically Handicapped (General) and was posted at Primary Health Centre, Pipardi, Taluka Vichhiya. It is the case of the petitioner that the services of the petitioner came to be terminated by order dated 1st November, 2018.
Special Civil Application No. 18216/2018 :
15. The sole petitioner who had passed Diploma in Health and Sanitary Inspector's Page 8 of 15 Downloaded on : Sun Jan 16 10:47:09 IST 2022 C/SCA/9062/2019 JUDGMENT DATED: 27/08/2021 course from Sunrise University, Alwar, Rajasthan was appointed as Multi-Purpose Health worker vide appointment order dated 25th April, 2017 against the general category and was posted at Primary Health Centre Bordi Samadhiyada of Taluka Jetpur. It is the case of the petitioner that the services of the petitioner came to be terminated by order dated 1st November, 2018.
Special Civil Application No. 18251/2018 :
16. Both the petitioners who had passed Diploma in Health and Sanitary Inspector's course from Himalayan University, Itanagar (Arunachal Pradesh) was appointed as Multi-
Purpose Health worker vide common appointment order dated 25th April, 2017. It is the case of the petitioners that the services of the petitioners came to be terminated by order dated 1st November, 2018.
Special Civil Application No. 18244/2018 :
17. The petitioner nos.1 to 4 who had passed the Diploma in Health and Sanitary Inspector's course from Manav Bharti University, Himachal Pradesh, petitioner no.5 and petitioner no.8 who had passed from OPJS University, Churu, Rajasthan and petitioner nos.6 and 7 who had passed from Sunrise Page 9 of 15 Downloaded on : Sun Jan 16 10:47:09 IST 2022 C/SCA/9062/2019 JUDGMENT DATED: 27/08/2021 University, were appointed as Multi-Purpose Health workers vide appointment order dated 12th September, 2013. It is the case of the petitioners that the services of the petitioners came to be terminated vide termination order dated 20th November, 2018.
Special Civil Application No. 20557/2018 :
18. The group of petitioners who had passed the Diploma in Health and Sanitary Inspector's course from either of the three Universities namely, OPJS University, Churu, Rajasthan, Vinayaka Mission University, Tamil Nadu and Sunrise University were appointed as Multi-Purpose Health workers vide different appointment orders. It is the case of the petitioners that though the petitioners have been terminated with effect from 7th December, 2018 only petitioner no.1 has received such termination order.
Special Civil Application No. 20797/2018 :
19. The petitioner nos.1 to 8, 12, 17 and 18 who had passed the Diploma in Health and Sanitary Inspector's course from Vinayaka Missions University, petitioners no.9, 10, 13 to 16 who had passed from Sunrise University and petitioner no.11 who had passed from OPJS University were appointed as Multi-Purpose Page 10 of 15 Downloaded on : Sun Jan 16 10:47:09 IST 2022 C/SCA/9062/2019 JUDGMENT DATED: 27/08/2021 Health workers vide different appointment orders. It is the case of the petitioners that they have preferred the present petition because the respondents have started terminating the services of the employees on the ground that the Universities from which the petitioners have passed Diploma is not recognised.
Special Civil Application No. 1517/2019 :
20. The group of petitioners who had passed the Diploma in Health and Sanitary Inspector's course either from OPJS University or Vinayaka Missions University, were appointed as Multi-Purpose Health workers vide different appointment orders. It is the case of the petitioners their services came to be terminated vide termination orders dated 20th October, 2018 and 7th December, 2018.
21. Learned advocate Mr. T.R.Mishra submitted that the respondents-authorities, without issuing any show-cause notice or giving opportunity of hearing to the petitioners, have terminated services of the petitioners by relying upon the letter dated 30th July,2018 issued by the respondent No.1 Page 11 of 15 Downloaded on : Sun Jan 16 10:47:09 IST 2022 C/SCA/9062/2019 JUDGMENT DATED: 27/08/2021 to all District Development Officers directing that as per directions given by this Court in common judgement dated 18.07.2017 in Letters Patent Appeal No. 504 of 2016 and allied matters, the authorities have to act upon and take steps for the same and comply with the directions of the Court and accordingly, services of the petitioners were terminated.
22. Learned advocate Mr. T.R.Mishra further relied upon the judgement and order dated 27.11.2012 passed by this Court [Coram:
Hon'ble Mr. Justice S.R.Brahmbhatt, as His Lordship was then], wherein the petitioner challenged his termination from service. It was pointed out that this Court, while allowing the petition also considered the degree/diploma certificate given by Manav Bharati University and held that the said certificate could not be questioned in any manner. Learned advocate Mr. Mishra submitted that the aforesaid judgement is accepted by the respondent-authority and petitioner there in was reinstated in service and as a good gesture, the petitioner has given up his claim qua back wages.
23. On the other hand, learned advocates Page 12 of 15 Downloaded on : Sun Jan 16 10:47:09 IST 2022 C/SCA/9062/2019 JUDGMENT DATED: 27/08/2021 appearing for the respondents submitted that the District Development Officer, in view of the order passed by respondent No.1, has terminated services of the petitioners after verification of the degree certificate of the respective petitioners.
24. Learned Sanding Counsel for UGC Mr. Suman Khare submitted that all the respective Universities are established or incorporated under their respective Central Act, Provisional Act or State Act. On requests of concerned University, UGC includes the names of such Universities in the list of Universities maintained by it and inclusion of name of such University is subject to awarding degrees through its main campus with the approval of Statutory Councils and is further subject to condition that University should not affiliate any college/institution beyond the territorial jurisdiction prescribed under UGC (Establishment of and Maintenance of Standards in Private University) Regulation, 2003 of the State. It is submitted that UGC Expert Committee had visited Manav Bharti University and various deficiencies were observed by the Expert Committee and thereafter, the said University had submitted compliance of such deficiencies Page 13 of 15 Downloaded on : Sun Jan 16 10:47:09 IST 2022 C/SCA/9062/2019 JUDGMENT DATED: 27/08/2021 which were verified and accepted by the Expert Committee. It is further submitted that UGC Expert Committee had visited Sunrise University and observed various deficiencies, however complete compliance of recommendation of Experts Committee is still awaited. It is submitted that UGC Expert Committee is yet to visit OPJ University.
25. From the above submissions and facts on record, it is clear that the petitioners have not been given any opportunity of hearing by the respondent authority before termination of the services of the petitioners as evidently, no show-cause notice is issued to the petitioners and only by conducting unilateral inquiry behind the back of the petitioners, conclusion is arrived at to dismiss the petitioners from service.
26. In view of the such facts, the impugned order of termination cannot be sustained as the same is passed in violation of the flagrant breach of principles of natural justice. Only on this ground, the petitions deserve to be allowed and are accordingly allowed. The respondent-authorities are directed to reinstate the petitioners forthwith with full back-wages and continuity Page 14 of 15 Downloaded on : Sun Jan 16 10:47:09 IST 2022 C/SCA/9062/2019 JUDGMENT DATED: 27/08/2021 of service.
27. Petitions are disposed of. Rule is made absolute to the aforesaid extent.
28. It is clarified that the respondent authority is not precluded from conducting any inquiry or pass any order after giving opportunity of hearing to the petitioners in accordance with law.
29. Civil Applications also stand disposed of in view of disposal of the main petitions.
(BHARGAV D. KARIA, J) RAGHUNATH R NAIR Page 15 of 15 Downloaded on : Sun Jan 16 10:47:09 IST 2022