Shripad Gawas v. State of Goa, through its Chief Secretary
2014-10-01
A.S.GADKARI, F.M.REIS, MOHIT S.SHAH
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Judgment Mohit Shah, J. 1. This Writ Petition has been placed before the Full Bench in view of the order of reference dated 30th September, 2010 passed by the Division Bench of this Court. The reference arises in the context of the Government of Goa, Directorate of Health Services, Group C, Non-Ministerial, Non-Gazetted Posts, Recruitment Rules, 1990 (for short, "the Recruitment Rules"). 2. The Rules are made in exercise of powers conferred by the proviso to Article 309 of the Constitution of India. The posts are mentioned in the Schedule to the Recruitment Rules. Rule 3 provides that the method of recruitment to the posts, age limit, qualifications and other matters connected therewith shall be as specified in Columns 5 to 13. Rule 5 confers power on the Government to relax any provisions of the Recruitment Rules with respect to any class or category of persons. 3. In this writ petition and reference, we are only concerned with the post of Sanitary Inspector. Relevant columns of the Schedule to the Rules read as under: SCHEDULE Name/designation of post Whether selection post or nonselection post Age limit for direct recruits Educational and other qualifications required for direct recruits Whether age & Educational Qualifications prescribed for the direct recruits will apply in the case of promotees Method of recruitment whether by direct recruitment or by promotion or by deputation / transfer/contract and percentage of the vacancies to be filled by various methods In case of recruitment by promotion/deputation/transfer, grades from which promotion/deputation/transfer is to be made 1 5 6 7 8 10 11 Sanitary Inspector Selection Not exceeding 35 years (Relaxable for Government servants in accordance with the instructions or orders issued by the Government) Essential: i) Matriculation or equivalent. ii) Successful completion of Sanitary Inspectors Course from a recognized Institution. iii) Knowledge of Konkani and/or Marathi. Desirable: Experience in Rural Health Centre/ Teaching Hospital Age: No. Educational Qualifications: Yes By promotion failing which by direct recruitment. Promotion: Inspector of any one or the other Mass control Programmes/Vaccinators/Gaon Sathi/Multipurpose Health Workers with 3 years regular service in the respective grade. 4. In short, the controversy giving rise to the present reference is interpretation of Column 8 of the Schedule.
Promotion: Inspector of any one or the other Mass control Programmes/Vaccinators/Gaon Sathi/Multipurpose Health Workers with 3 years regular service in the respective grade. 4. In short, the controversy giving rise to the present reference is interpretation of Column 8 of the Schedule. While it provides that the age limit prescribed for the direct recruits not exceeding 35 years would not apply in the case of promotees, educational qualifications prescribed for direct recruits would apply to the promotees. The column is silent on the question whether "other qualifications" applicable to direct recruits (successful completion of Sanitary Inspectors Course and knowledge of Konkani/Marathi) would also apply to the promotees or not. 5. In Harischandra N. Chodankar and ors. v/s. State of Goa and others (Writ Petitions No.41/94 and 42/94) decided on 5th November, 1998, a Division Bench of this Court considered the Recruitment Rules in relation to the post of Sanitary Inspector and held that for promotees, only the educational qualification of Matriculation was essential, but "the other qualifications would not be essential for the purpose of consideration and appointment of the promoted candidates to the posts of Sanitary Inspector though the promoted candidates will have to successfully complete the sanitary inspectors' course from a recognised institution not only for the purposes of regularisation against the post of sanitary inspector, but also for the purpose of effectively discharging the functions of sanitary inspector.” 6. The Division Bench in Harischandra's case (supra) appears to have only considered column No.8 and noted that while for direct recruits educational and other qualifications were prescribed, in case of promotees there was no reference to other qualifications. The educational qualification prescribed is Matriculation or equivalent. As far as other essential qualifications are concerned, they are successful completion of Sanitary Inspectors' Course from a recognized Institution and knowledge of Konkani and/or Marathi. 7. It is necessary to note that the promotions to the post of Sanitary Inspector are to be made from feeder cadre/s specified in Column No.11 i.e. Vaccinators, Gaon-Sathis, and Multi Purpose Health Workers (Male), with 3 years regular service in the respective grade. It is common knowledge, and there is no dispute about the fact that Vaccinators, Gaon-Sathis and Multi Purpose Health Workers, as well as Sanitary Inspectors are required to work with the local people and required to discharge their duties in the field.
It is common knowledge, and there is no dispute about the fact that Vaccinators, Gaon-Sathis and Multi Purpose Health Workers, as well as Sanitary Inspectors are required to work with the local people and required to discharge their duties in the field. Rule Making Authority could not have intended that only directly recruited Sanitary Inspectors must have, and the promotee Sanitary Inspectors need not have, knowledge of Konkani and/or Marathi. If knowledge of Konkani and/or Marathi is necessary for direct recruits, knowledge of local languages would also be equally necessary for promotee Sanitary Inspectors. Similarly, Sanitary Inspectors are also required to discharge important duties and functions relating to sanitation. Therefore, the direct recruits are required to have successful completion of sanitary inspectors course from a recognized institution. The question is, whether the Rule making authority could have intended that successful completion of such course was not an essential qualification for promotee Sanitary Inspectors, but was meant to be only an in-service training programme. 8. As per the affidavit filed by the State Government, such course is being conducted at the All India Institute of Local Self Government, at Belgaum, for a period of 10 months and the Government is incurring an expenditure on such training to the tune of Rs.1,68,000/- per candidate. If successful completion of sanitary inspector's course from a recognised institution is considered essential qualification for a direct recruit, then it is inconceivable to think that successful completion of such a course was not required for a promotee Sanitary Inspector. Of course, even the Division Bench has taken the view that it is necessary for a promotee sanitary inspector to undergo such training from a recognised institution. But the Division Bench took the view that first Vaccinator, Multi Purpose Health Worker or Gaon-Sathi having educational qualification of Matriculation, has to be considered for promotion to the post of Sanitary Inspector and thereafter, he may be sent for training. 9. In the affidavit-in-reply filed by the Director of Health Services, Government of Goa, in paras 9, 10 and 11, it is specifically mentioned as under: "(9) I say that in view of the said judgment by this Hon'ble Court, Respondent No.3 had promoted Gaonsathis and Multi Purpose Health Workers, to the post of Sanitary Inspector and were deputed for training of 10 months at the All Indian Institute of Local Self Government, at Belgaum.
I say that first batch of 3 Gaonsathis were sent for the training commencing from 1/8/2000. I say that out of 3 candidates sent, one passed and 2 failed. I say consequent upon their failure, one candidate was referred back to the original post of Gaonsathis and other retired under Voluntary Retirement Scheme. (10) I say that in the year 2002, six Gaunsathis and one Multipurpose Health Worker were promoted to the post of Sanitary Inspector and sent for training. However, the said Multipurpose Health Worker, refused to go for training and she was reverted back to the post of Multi Purpose Health Worker. I say that out of 6 candidates sent for training to Belgaum, 4 have passed and 2 failed, who have been reverted back to their feeder grade. I say that the Petitioners being juniors were not coming within the zone of consideration for the purpose of promotion to the post of Sanitary Inspectors. (11) I say that the Government has to incur an exorbitant expenditure towards their course fees, travelling allowances, dearness allowance, salary etc. which roughly comes to Rs.1,68,000/-per candidate, per course. Not only the expenditure, but during the training period the post remains vacant which causes public inconvenience. I further say that there are qualified candidates holding Sanitary Inspector's course/diploma available in feeder category, however, due to judgment passed by this Hon'ble Court on 5/11/1998, the Government could not consider them for promotion to post of Sanitary Inspector. The Department has therefore by letter dated 13/01/2004, proposed to the Government to amend the Recruit Rules, 1990, in view of the directions of the Hon'ble Court, suggesting reservation of 50% of the vacancies for candidates in feeder grade, not holding requisite qualification of Sanitary Inspector's Course and 50% to the candidates holding the requisite qualification of Sanitary Inspector's Course of their own." 10. The affidavit, thus, highlights the consequences of the interpretation placed by the Division Bench in Harishchandra's case (supra). In the year 2000, three candidates were sent for training at the All Indian Institute of Local Self Government, Belgaum and out of three, one passed and 2 failed. As a consequence, one candidate was reverted and other retired under voluntary retirement scheme. Thus resulting into complete wastage of fees of Rs.1,68,000/- per candidate and loss of services of Sanitary Inspector.
As a consequence, one candidate was reverted and other retired under voluntary retirement scheme. Thus resulting into complete wastage of fees of Rs.1,68,000/- per candidate and loss of services of Sanitary Inspector. Similarly, in the year 2002, out of seven promote Sanitary Inspectors, only four successfully completed the course. Two failed and one refused to go for training. What is equally important from the Government Affidavit is that there are qualified candidates holding Sanitary Inspector's Course/Diploma available in the feeder cadre. 11. Learned Advocate General appearing for the respondents submitted that there is no justification for selecting non-qualified or under-qualified persons for promotion to the posts of Sanitary Inspector and thereafter sending them for training and to have unsuccessful promotees as Sanitary Inspectors who fail to successfully complete the Sanitary Inspector's Course. Learned Senior Advocate Shri Lotlikar for the petitioners also supported learned Advocate General and submitted that these petitioners having all qualifications were left out of consideration and matriculates in the feeder cadre, with no qualification of sanitary inspector's course have been promoted as Sanitary Inspectors during pendency of the petition, only on account of completely erroneous interpretation of Column No.8 of the Recruitment Rules. 12. Having heard learned Counsel for the Petitioners and learned Advocate General for the respondents/authorities, we find considerable substance in the above submissions. On perusal of Column 8 of the Schedule to the Recruitment Rules, it is clear that requirement relating to age for direct recruits is specified in column No.6 and educational and other qualifications required for direct recruits are shown in column No.7. In this context, we must see the headings of columns 6, 7 and 8 in juxtaposition and then see column No.8 which shows applicability of age and educational qualifications in respect of direct recruits, which will apply to the cases of promotes also. Hence, the words “Education Qualifications” in column No.8 have to be read as a compendious reference to Column No.7, which is “Educational and other qualifications required for direct recruits”. Seen in this backdrop, there is no doubt that the educational, as well as other qualifications specified in column No.7 for direct recruits are applicable in case of promotees also. 13.
Hence, the words “Education Qualifications” in column No.8 have to be read as a compendious reference to Column No.7, which is “Educational and other qualifications required for direct recruits”. Seen in this backdrop, there is no doubt that the educational, as well as other qualifications specified in column No.7 for direct recruits are applicable in case of promotees also. 13. In view of the above discussion, we hold that the educational and other qualifications specified in column No.7 for direct recruits in relation to the posts of Sanitary Inspectors are also applicable in the case of promotees. In the result, the decision of the Division Bench of this Court in Harishchandra's case (supra) is overruled. Reference is answered accordingly. 14. Since, the writ petition does not involve any other question, we allow the petition and direct the State Government to consider the question of promotions in the light of the Recruitment Rules as interpreted in this judgment. 15. We may note that while admitting the petition on 15/12/2004, the Division Bench of this Court had observed as under: “Promotions, if made during the pendency of this petition shall be subject to the final decision in this case.” In view of the law laid down in this judgment, the State Government shall appoint a Review Departmental Promotion Committee to reconsider the promotions made during the pendency of the writ petition. This exercise shall be undertaken on or before 28th February, 2015. 16. Rule is made absolute in the above terms, with no order as to costs.