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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Anant S. Dave, Biren Vaishnav, JJ.
District Primary Education Officer - Appellants
Vs.
Patel Kiritkumar Kantilal - Respondent
Letters Patent Appeal No. 310 of 2019 in Special Civil Application No. 8270 of 2014, Letters Patent Appeal No. 311 of 2019 in Special Civil Application No. 14010 of 2014, Letters Patent Appeal No. 312 of 2019 in Special Civil Application No. 14093 of 2014, Letters Patent Appeal No. 313 of 2019 in Special Civil Application No. 14194 of 2014, Letters Patent Appeal No. 314 of 2019 in Special Civil Application No. 14226 of 2014, Letters Patent Appeal No. 316 of 2019 in Special Civil Application No. 14228 of 2014, Letters Patent Appeal No. 315 of 2019 in Special Civil Application No. 14227 of 2014, Letters Patent Appeal No. 327 of 2019 in Special Civil Application No. 14300 of 2014, Letters Patent Appeal No. 328 of 2019 in Special Civil Application No. 14301 of 2014, Letters Patent Appeal No. 329 of 2019 in Special Civil Application No. 14302 of 2014, Letters Patent Appeal No. 330 of 2019 in Special Civil Application No. 14303 of 2014, Letters Patent Appeal No. 331 of 2019 in Special Civil Application No. 14304 of 2014, Letters Patent Appeal No. 317 of 2019 in Special Civil Application No. 14229 of 2014, Letters Patent Appeal No. 332 of 2019 in Special Civil Application No. 14305 of 2014, Letters Patent Appeal No. 333 of 2019 in Special Civil Application No. 14306 of 2014, Letters Patent Appeal No. 318 of 2019 in Special Civil Application No. 14268 of 2014, Letters Patent Appeal No. 319 of 2019 in Special Civil Application No. 14292 of 2014, Letters Patent Appeal No. 334 of 2019 in Special Civil Application No. 14307 of 2014, Letters Patent Appeal No. 320 of 2019 in Special Civil Application No. 14293 of 2014, Letters Patent Appeal No. 321 of 2019 in Special Civil Application No. 14294 of 2014, Letters Patent Appeal No. 335 of 2019 in Special Civil Application No. 14308 of 2014, Letters Patent Appeal No. 322 of 2019 in Special Civil Application No. 14295 of 2014, Letters Patent Appeal No. 336 of 2019 in Special Civil Application No. 14391 of 2014, Letters Patent Appeal No. 337 of 2019 in Special Civil Application No. 14392 of 2014, Letters Patent Appeal No. 323 of 2019 in Special Civil Application No. 14296 of 2014, Letters Patent Appeal No. 338 of 2019 in Special Civil Application No. 14438 of 2014, Letters Patent Appeal No. 324 of 2019 in Special Civil Application No. 14297 of 2014, Letters Patent Appeal No. 339 of 2019 in Special Civil Application No. 14439 of 2014, Letters Patent Appeal No. 340 of 2019 in Special Civil Application No. 14440 of 2014, Letters Patent Appeal No. 325 of 2019 in Special Civil Application No. 14298 of 2014, Letters Patent Appeal No. No. 341 of 2019 in Special Civil Application No. 14441 of 2014, Letters Patent Appeal No. 326 of 2019 in Special Civil Application No. 14299 of 2014, Letters Patent Appeal No. 356 of 2019 in Special Civil Application No. 14571 of 2014 Letters Patent Appeal No. 342 of 2019 in Special Civil Application No. 14442 of 2014, Letters Patent Appeal No. 357 of 2019 in Special Civil Application No. 14572 of 2014, Letters Patent Appeal No. 343 of 2019 in Special Civil Application No. 14443 of 2014, Letters Patent Appeal No. 358 of 2019 in Special Civil Application No. 14573 of 2014, Letters Patent Appeal No. 344 of 2019 in Special Civil Application No. 14451 of 2014, Letters Patent Appeal No. 359 of 2019 in Special Civil Application No. 14575 of 2014, Letters Patent Appeal No. 345 of 2019 in Special Civil Application No. 14452 of 2014, Letters Patent Appeal No. 346 of 2019 in Special Civil Application No. 14483 of 2014, Letters Patent Appeal No. 360 of 2019 in Special Civil Application No. 14576 of 2014, Letters Patent Appeal No. 347 of 2019 in Special Civil Application No. 14515 of 2014, Letters Patent Appeal No. 361 of 2019 in Special Civil Application No. 14577 of 2014, Letters Patent Appeal No. 362 of 2019 in Special Civil Application No. 14607 of 2014, Letters Patent Appeal No. 363 of 2019 in Special Civil Application No. 14608 of 2014, Letters Patent Appeal No. 364 of 2019 in Special Civil Application No. 14609 of 2014, Letters Patent Appeal No. 365 of 2019 in Special Civil Application No. 14610 of 2014, Letters Patent Appeal No. 348 of 2019 in Special Civil Application No. 14517 of 2014, Letters Patent Appeal No. 349 of 2019 in Special Civil Application No. 14518 of 2014, Letters Patent Appeal No. 366 of 2019 in Special Civil Application No. 14612 of 2014, Letters Patent Appeal No. 350 of 2019 in Special Civil Application No. 14519 of 2014, Letters Patent Appeal No. 351 of 2019 in Special Civil Application No. 14547 of 2014, Letters Patent Appeal No. 352 of 2019 in Special Civil Application No. 14566 of 2014, R/Letters Patent Appeal No. 353 of 2019 in Special Civil Application No. 14567 of 2014, R/Letters Patent Appeal No. 367 of 2019 in Special Civil Application No. 14613 of 2014, R/Letters Patent Appeal No. 354 of 2019 in Special Civil Application No. 14568 of 2014, R/Letters Patent Appeal No. 368 of 2019 in Special Civil Application No. 14614 of 2014, R/Letters Patent Appeal No. 369 of 2019 in Special Civil Application No. 15793 of 2014, R/Letters Patent Appeal No. 355 of 2019 in Special Civil Application No. 14570 of 2014, R/Letters Patent Appeal No. 370 of 2019 in Special Civil Application No. 16290 of 2014, R/Letters Patent Appeal No. 372 of 2019 in Special Civil Application No. 14279 of 2014, R/Letters Patent Appeal No. 373 of 2019 in Special Civil Application No. 14291 of 2014, R/Letters Patent Appeal No. 374 of 2019 in Special Civil Application No. 14414 of 2014, R/Letters Patent Appeal No. 375 of 2019 in Special Civil Application No. 14415 of 2014, R/Letters Patent Appeal No. 376 of 2019 in Special Civil Application No. 14416 of 2014, R/Letters Patent Appeal No. 377 of 2019 in Special Civil Application No. 14417 of 2014, R/Letters Patent Appeal No. 378 of 2019 in Special Civil Application No. 14418 of 2014, R/Letters Patent Appeal No. 379 of 2019 in Special Civil Application No. 14419 of 2014, R/Letters Patent Appeal No. 380 of 2019 in Special Civil Application No. 14420 of 2014, R/Letters Patent Appeal No. 381 of 2019 in Special Civil Application No. 14421 of 2014, R/Letters Patent Appeal No. 382 of 2019 in Special Civil Application No. 14422 of 2014, R/Letters Patent Appeal No. 383 of 2019 in Special Civil Application No. 14423 of 2014, R/Letters Patent Appeal No. 384 of 2019 in Special Civil Application No. 14424 of 2014, R/Letters Patent Appeal No. 385 of 2019 in Special Civil Application No. 14425 of 2014, R/Letters Patent Appeal No. 386 of 2019 in Special Civil Application No. 14426 of 2014, R/Letters Patent Appeal No. 387 of 2019 in Special Civil Application No. 14427 of 2014, R/Letters Patent Appeal No. 388 of 2019 in Special Civil Application No. 14428 of 2014, R/Letters Patent Appeal No. 389 of 2019 in Special Civil Application No. 14429 of 2014, R/Letters Patent Appeal No. 390 of 2019 in Special Civil Application No. 14430 of 2014, R/Letters Patent Appeal No. 391 of 2019 in Special Civil Application No. 14431 of 2014, R/Letters Patent Appeal No. 392 of 2019 in Special Civil Application No. 14432 of 2014, R/Letters Patent Appeal No. 393 of 2019 in Special Civil Application No. 14433 of 2014, R/Letters Patent Appeal No. 394 of 2019 in Special Civil Application No. 14434 of 2014, R/Letters Patent Appeal No. 395 of 2019 in Special Civil Application No. 14435 of 2014, R/Letters Patent Appeal No. 396 of 2019 in Special Civil Application No. 14449 of 2014, R/Letters Patent Appeal No. 397 of 2019 in Special Civil Application No. 14436 of 2014, R/Letters Patent Appeal No. 398 of 2019 in Special Civil Application No. 14450 of 2014, R/Letters Patent Appeal No. 399 of 2019 in Special Civil Application No. 14453 of 2014, R/Letters Patent Appeal No. 400 of 2019 in Special Civil Application No. 14437 of 2014, R/Letters Patent Appeal No. 401 of 2019 in Special Civil Application No. 14454 of 2014, R/Letters Patent Appeal No. 402 of 2019 in Special Civil Application No. 14455 of 2014 and R/Letters Patent Appeal No. 403 of 2019 in Special Civil Application No. 14569 of 2014
Decided On : 17-06-2019
Letter Patent Appeal – Letters Patent Appeals filed by the District Primary Education Officer, Kheda, arise out of a common oral judgment passed by the learned Single Judge. By the judgment under challenge, the learned Single Judge allowed the petitions, filed by the petitioners, who were appointed were dismissed from service. The orders of dismissal were set aside – Held, Though the stand of the appellants in these appeals is that 61 respondents are in a way "ghost appointments" sans the vacancies advertised, that they were called and participated in an interview pursuant to the exercise of selection is evident from the pleadings – That they did apply but against non-existent vacancies, may be a handiwork of the officials working in connivance with each other, however interest of such appointees cannot be over looked – Appellant is directed to rework and consider the vacancy position on the 257 vacancies advertised viz-a-viz these appellants keeping in mind the averments made in the rejoinder and the additional reply showing the subsequent event of resignations – Appeals dismissed (Para 46,47)
Facts of the case:
Letters Patent Appeals filed by the District Primary Education Officer, Kheda, arise out of a common oral judgment passed by the learned Single Judge. By the judgment under challenge, the learned Single Judge allowed the petitions, filed by the petitioners, who were appointed were dismissed from service. The orders of dismissal were set aside
Findings of the court:
Though the stand of the appellants in these appeals is that 61 respondents are in a way "ghost appointments" sans the vacancies advertised, that they were called and participated in an interview pursuant to the exercise of selection is evident from the pleadings – That they did apply but against non-existent vacancies, may be a handiwork of the officials working in connivance with each other, however interest of such appointees cannot be over looked – Appellant is directed to rework and consider the vacancy position on the 257 vacancies advertised viz-a-viz these appellants keeping in mind the averments made in the rejoinder and the additional reply showing the subsequent event of resignations
Result: Appeals dismissed
JUDGMENT :
Biren Vaishnav, J.
1. These Letters Patent Appeals filed by the District Primary Education Officer, Kheda, arise out of a common oral judgment dated 13.12.2018 passed by the learned Single Judge. By the judgment under challenge, the learned Single Judge allowed the petitions, filed by the petitioners, who were appointed as Vidya Sahayaks were dismissed from service. The orders of dismissal were set aside.
2. Before dealing with the two groups of Letters Patent Appeals, facts in brief which are common are set out herein after.
3. The appellant, the District Primary Education Officer, Kheda, issued an advertisement dated 22.04.2008 for filling up 257 vacancies of Vidya Sahayaks, namely (1) P.T.C. - 226, (2) CP.Ed -13, (3) A.T.D - 10 and (4) Sangeet Visharad-8.
4. As per the prevailing policy of the State Government, Candidates who had participated in sports were entitled to additional weightage of 5% marks for being considered for appointment. 32 respondents herein had applied and secured their appointments on the basis of production and verification of their Sports Certificates and their placement on such merit list was on the basis of they having secured 5% additional weightage of sports quota. It was their case that they had participated in various competitions in the sport of Kabaddi at their respective events for which certificates were handed out by the Gujarat State Kabaddi Association. Their case was that the Gujarat State Kabaddi Association was affiliated to the amateur Kabaddi Federation of India which was recognized by the Ministry of Youth Affairs and Sports and also affiliated to the Indian Olympic Association.
5. The petitioners, 32 in number, who were the respondents in the present appeals being Letters Patent Appeals Nos. 372 of 2019 to Letters Patent Appeal No. 403 of 2019 claim that their appointments were made after submission of their original certificates along with their application forms which certificates were duly verified by calling the representatives of the Sports Associations at Gandhinagar on 28.05.2008 to 31.05.2008, 18.06.2008 and 28.06.2008. The Gujarat State Kabaddi Association was also called and it was only after verification of such certificates and cross verification by the Officers of the Youth Services and Cultural Activities, that the 32 respondents herein were appointed after interview. Such appointments were made in the latter half of the year 2008.
6. Four years after the recruitment was made, a PEL being Writ Petition (PIL) No. 39 of 2012 was filed by one Shanabhai Gendalbhai Thakore claiming irregularity in appointments. On 29.03.2012, this Court issued notices in the PIL.
6.1. Pursuant to the PIL, on 19.11.2012, the State Government constituted a four member Committee who investigated in the matter of irregularities of recruitment of Vidya Sahayaks for the year 2008.
7. In the course of such investigation, Vidya Sahayaks like the present respondents were issued notices to present themselves for hearing with their documents including Sports Certificates. A notice was issued to individual appointees on 30.11.2012 to remain present with the copies of the original certificates, call letters, receipts of the office showing that the original testimonials were presented etc. Subsequently, notices were also issued in the prescribed format on 14.12.2012 instructing such appointees to come forth to show various certificates based on which they were placed on the merit list and appointed.
8. Show cause notices were issued on 01.07.2013 to such appointees, asking them to show cause as to why their services be not terminated. All this was done under the order of this Court, which disposed of the PIL by issuing direction vide judgment and order dated 20.08.2014.
9. The Status Report, submitted by the District Primary Education Officer, Kheda, stated that according to the Committee, wrongful appointments were of two kinds. According to the Committee, 24843 applications were received. Since the va
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