SCA/9064/2009 1/3 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CIVIL APPLICATION No. 9064 of 2009

With
SPECIAL CIVIL APPLICATION No. 9823 of 2009
To
SPECIAL CIVIL APPLICATION No. 9824 of 2009
With
SPECIAL CIVIL APPLICATION No. 9455 of 2009

======================================
NISHALKUMAR KANTILAL PATEL - Petitioner
Versus
STATE OF GUJARAT & 1 - Respondents
======================================
Appearance :
MR TR MISHRA for the Petitioner.
MS KRINA CALL, AGP for Respondent No.1.
MR HS MUNSHAW for Respondent No.2.
======================================
CORAM : HONOURABLE MR.JUSTICE M.R. SHAH

Date : 09/10/2009

ORAL ORDER

1. In all these group of petitions, the respective

petitioners have prayed for an appropriate writ, order and/or
direction, quashing and setting aside the impugned
Government Resolution dated 17/08/2009. It is further prayed
for an appropriate writ, order and/or direction, directing the
respondents herein to reconsider the case of the respective
petitioners and issue appointment order as Multipurpose
Health Workers.

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SCA/9064/2009 2/3 ORDER

2. It appears from the respective petitions that the

dispute is as to
Whether the candidates, who have completed Sanitary
Inspectors Course being conducted by All India Local Self
Government and other Institutions only are eligible for the
post of Multipurpose Health Workers?
and/or
Whether the respective petitioners and other similarly
situated candidates having requisite qualification of
Sanitary Inspectors from other Institutions recognized
under the University Grant Commission Act,1956 can also
be said to be eligible for the post of Multipurpose Health
Workers ?

3. Ms.Krina Calla, learned Assistant Government

Pleader under the instructions of Mr.R.M.Chhatrapati, Under
Secretary, Health and Family Welfare Department,
Gandhinagar has stated at the Bar that issue with respect to
consider the Certificate Course / Certificate obtained by the
respective petitioners is under consideration by the State
Government and appropriate decision shall be taken within a
period of four weeks from today whether on the basis of
Certificate Court/Certificate obtained by the respective
petitioners, the petitioners and other similarly situated
candidates can be considered eligible for appointment on the
post in question or not.

4. Mr.T.R.Mishra, learned advocate appearing on

behalf of the respective petitioners has submitted that in that
case, the concerned respondents be restrained from making
any further appointments, otherwise, if all the posts are filled

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SCA/9064/2009 3/3 ORDER

in, in that case, the respective petitioners shall be prejudiced

and even if ultimately the State Government takes a decision
to treat the petitioners and similarly situated candidates
eligible, in that case also the petitioners will not be in a
position, to get any relief and/or to consider their case on
merits, as there shall be no post available.

5. Under the circumstances and in view of the

statement made by Ms.Krina Calla, learned Assistant
Government Pleader, as recorded hereinabove, the State
Government is hereby directed to take appropriate decision
with respect to whether on the basis of Certificate Course/
Certificate obtained by the respective petitioners, the
petitioners and other similarly situated candidates can be
considered eligible for appointment on the post in question or
not, within a period of one month from today without fail and
until appropriate decision is taken by the State Government,
the concerned respondents shall not proceed further with the
recruitment for the post in question. With these, all these
petitions are disposed of.

[M.R.SHAH,J]

*dipti

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