JUDGMENT :

Nirzar S. Desai, J.

1. Heard learned advocate Mr. Vaibhav Vyas for the petitioners and learned Assistant Government Pleader Mr. Mitul Gautam for the respondent – State and learned advocate Mr. Meet A. Shah states that he has instructions to appear for the respondent Nos.2 and 3 and he will file his Vakalatnama. Accordingly, he is permitted to file his Vakalatnama within 10 days and the Registry shall accept the same.

2. Rule. Learned Assistant Government Pleader waives service of rule for the respondent – State and learned advocate Mr. Meet A. Shah waives service of rule for the respondent Nos.2 and 3.

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 communication dated 15.09.2018. In response to the said communication, the petitioners submitted the necessary information and relevant documents to the respondent authorities.

4.3. Since the services of a similarly situated employee from another district were terminated, the petitioners, along with other similarly situated persons, approached this Court by filing Special Civil Application No. 11430 of 2019. The said petition came to be disposed of by order dated 03.10.2022, in terms of Clause 6 of the operative portion of the judgment and order dated 08.07.2022 passed in Letters