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2026 Supreme(Guj) 28

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Nirzar S. Desai, J.
Pritamkumar Ramanbhai Gamit – Petitioner
Versus
State Of Gujarat & Ors. – Respondents
R/Special Civil Application No. 3173 Of 2026, R/Special Civil Application No. 3218 Of 2026, R/Special Civil Application No. 3234 of 2026
Decided On : 10-03-2026

Advocates Appeared:
For the Petitioner: Mr Vaibhav A Vyas, Ms Prachi Upadhyay
For the Respondent: Mr Parth Patel AGP

The issuance of charge sheets or show-cause notices in departmental inquiries does not constitute an adverse order and thus does not provide grounds for judicial review.

Headnote:(A) Gujarat Panchayat Service Selection Board - Rules of recruitment for Multipurpose Health Worker (Male), Class-III - Legal considerations regarding issuance of show-cause notices and charge sheets for departmental inquiries - Court emphasized the necessity of following established procedures and denying relief based on procedural irregularities. (Paras 7.2, 9.1-10.5)

(B) Writ Jurisdiction - Scope and limitations - Court reiterated that mere issuance of charge-sheets or show-cause notices does not constitute an adverse order, thus not amounting to grounds for writ. (Paras 7, 9)

Facts of the case:
Petitioners, appointed in 2014 after qualifying through a competitive examination for the Multipurpose Health Worker position, sought to challenge the issuance of charge sheets and show-cause notices relating to their departmental inquiries subsequent to previous court directives.

Findings of Court:
The Court noted the procedural correctness of the ongoing inquiries and highlighted the absence of grounds justifying intervention at this stage, inferring that the petitioners could present their claims later if punitive action ensues.

Issues: The core issue addressed was whether the petitions, challenging charge sheets and show-cause notices, were premature and lacked established procedural misconduct.

Ratio Decidendi: The Court held that the issuance of charge sheets or show-cause notices does not constitute an adverse order meriting judicial review at this stage, endorsing the principle that procedural regularity must be observed before sanctions are applied.

Result: Petitions dismissed.

Table of Content
1. identical petitions heard together. (Para 1 , 2)
2. petitioners seek to quash charge sheet. (Para 3)
3. petitioners' qualifications and prior legal history. (Para 4)
4. initiation of new inquiries against petitioners. (Para 5)
5. limited relief requested regarding penalties. (Para 6)
6. opposition to the petitions by the state. (Para 7)
7. prematurity of petitions acknowledged. (Para 8 , 9)
8. procedural compliance and lack of grounds for relief. (Para 10)
9. future merits discussion remains open. (Para 11)
10. petitions dismissed; no procedural irregularity. (Para 12)

JUDGMENT :

NIRZAR S. DESAI, J.

1. Heard learned advocate Mr. Vaibhav Vyas for the petitioners and learned AGP Mr. Parth Patel for the respondent–State.

2. Learned advocate Mr. Vaibhav Vyas submitted that all these petitions involve identical prayers as well as identical facts. Even the date of the charge sheet is the same in all the matters. Therefore, all three matters were heard together and are being decided by this common order. It is further submitted that Special Civil Application No. 3173 of 2026 may be treated as the lead matter, and therefore, the facts are stated from SCA No. 3173 of 2026.

3. By way of this petition, the petitioner has prayed for the following reliefs:

(A) Quash and set aside the charge sheet dated 24.1.2024, Annexure-A to this petition, and (B) Quash and set aside the final show-cause notice dated 28.1.2026, Annexure-B to this petition, and

(C) Pending admission and final disposal of this petition, the Honourable Court may be pleased to stay the departmental proceedings initiated against the petitioner pursuant to the impugned charge sheet dated 24.1.2024, Annexure-A, and / or

(D) Pending admission and final disposal of this petition, the Honourable Court may be pleased to stay the operation and implementation of charge sheet dated 24.1.2024, Annexure-A to this petition, and/or

(E) Pending admission and final disposal of this petition, the Honourable Court may be pleased to stay the operation and implementation of show cause Annexure-B to this application, and notice dated 28.1.2026,

(F) Award the cost of this petition, and

(G) Grant any other relief or pass any other order which the Honourable Court may consider as just and proper in the facts and circumstances of the case.

4. It is the case of the petitioners that they were selected and appointed to the post of Multipurpose Health Worker, Class-III, after completing the regular selection process initiated by the Gujarat Panchayat Service Selection Board. The petitioners had appeared in the competitive examination and, after successfully clearing the same, were appointed to the said post. The petitioners were appointed in the year 2014 and, after completing satisfactory service for a period of five years, they were placed in regular service and were granted the regular pay scale in the year 2020 with effect from 2019.

4.1. According to the petitioners, the appointment to the post of Multipurpose Health Worker (Male), Class-III is governed by the Multipurpose Health Worker (Male), Class-III (Panchayat Service) Recruitment Rules, 2011. As per the said Rules, in order to be eligible for appointment to the post of Multipurpose Health Worker (Male) by way of direct selection, a candidate is required, inter alia, to possess the qualification of completion of one year training in the Multipurpose Health Worker Basic Course from an institution recognized by the Government, or must have passed the Sanitary Inspector Examination from an institution recognized by the Government. 4.2. The present petitioners have passed the Diploma Course in Health and Sanitary Inspector (BHSI) Examination from Vinayaka Missions University, which is a Deemed University duly recognized by the University Grants Commission (UGC). After the appointment of the petitioners in the year 2014, for the purpose of verification of the genuineness of their educational qualifications, the petitioners were issued a communicatio

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