Patel Rajeshwariben Dineshbhai v. State of Gujarat Thro Secretary
2018-08-20
A.S.SUPEHIA
body2018
DigiLaw.ai
JUDGMENT AND ORDER : A.S. Supehia, J. In the present writ petition, the petitioners have sought quashing and setting aside the advertisement dated 04.08.2011 issued by the Gujarat Panchayat Service Selection Board for filling up the post of Multipurpose Health Workers (Male). 2. Mr. Mishra, learned advocate for the petitioners has submitted that present advertisement does not stipulate any reservation for the women and hence, the same is required to be quashed and set aside. He has submitted that in view of the 30% reservation envisaged under the Gujarat Civil Services (Reservation of Posts for Women) Rules, 1997, it was mandatory for the respondents to incorporate such reservation for women in the advertisement. He has placed reliance on the Rule 2(c) which mandates for reservation for women relating to recruitment to public services and posts in connection with the affairs of the State Reference is also made to the notification dated 03.10.2006, vide which the Recruitment Rules recruiting Multipurpose Health Workers (Male) have been framed.. 3. Learned advocate Mr. Mishra has placed reliance on the averments made in Paragraph No.5 of the writ petition where he has stated that some of the female candidates have been appointed to the post of Multipurpose Health Workers. He has emphasized that the Rule meant for the women reservation i.e. Gujarat Civil Services (Reservation of Posts for Women) Rules, 1997, cannot supersede the rules of appointment to the Multipurpose Health Workers (Male). Hence, it was mandatory for the respondents to incorporate 30% reservation for the women while issuing the impugned advertisement. 4. In view of his submissions, he has urged that present advertisement requires to be quashed and set aside. 5. Learned advocate Mr. Mishra has also submitted that the qualification for both the posts i.e. Female and Male Multipurpose Health Center are different and he has also emphasized that there is not a single job which could not be performed by Female Multipurpose Health Workers which is meant for Male Multipurpose Health Workers and hence, reservation should have been granted to the Female Multipurpose Health Workers. 6. Per contra, Mr. Deshmukh, learned advocate for the respondent no.2 has vehemently submitted that present petition are misconceived since both the cadres of male and female are different and the recruitment rules governing the same are also different.
6. Per contra, Mr. Deshmukh, learned advocate for the respondent no.2 has vehemently submitted that present petition are misconceived since both the cadres of male and female are different and the recruitment rules governing the same are also different. He has submitted that there are two separate cadres in the Panchayat Service Class-III namely (1) Female Health Worker (2) Multipurpose Health Worker (Male). The cadre of Multipurpose Health Worker (Male) is exclusively created to cater to the needs of male citizens, so far as the health services are to be rendered to male concerned and the cadre of Female Health Worker is exclusively created to cater the needs of female citizens so far as the health services are rendered to female concerned, and therefore, no special reservation of 30% for female candidates is provided for the post of Multipurpose Health Worker (Male) in the Recruitment Rules. He has submitted that since the entire cadres are different and accordingly, recruitment is being made for such cadres, and the advertisement is issued for recruitment to the post of Multipurpose Health Workers (Male) only, hence, no reservation for female is incorporated. In this view of the matter, he has submitted that present petition does not deserve acceptance and the same required to be dismissed. 7. Having heard learned advocates for the respective parties, this Court is of the considered opinion that present writ petition is misconceived since the advertisement is issued for the recruitment to the post of Multipurpose Health Workers (Male) in the Superior Panchayat Service Class-III for which rules are framed vide Notification dated 15.06.2011 by the Panchayat, Rural Housing and Rural Development Department. The recruitment rules prescribe different eligibility criteria for the post of Multipurpose Health Worker (Male) in the superior Panchayat Service Class-III. 8. So far the case of the present petitioners is concerned, they are seeking women reservation of 30% on the basis of notification dated 09.04.1997 promulgating Gujarat Civil Services (Reservation of Posts for Women) Rules, 1997. It is pertinent to note that the State Government has framed Female Health Worker Class-III Panchayat Service Recruitment Rules, 1999 laying down appointment to the post of Female Health Worker Class-III, Panchayat Service by way of direct recruitment for females.
It is pertinent to note that the State Government has framed Female Health Worker Class-III Panchayat Service Recruitment Rules, 1999 laying down appointment to the post of Female Health Worker Class-III, Panchayat Service by way of direct recruitment for females. Thus, the aforesaid rules clearly envisage that a separate cadre for the appointment to the post of Female Health Worker Class-III is created by the State Government and the present petitioners can apply to the post meant exclusively for females. The contention raised by learned advocate Mr. Mishra that Rule meant for the women reservation i.e. Gujarat Civil Services (Reservation of Posts for Women) Rules, 1997, cannot supersede the rules of appointment to the Multipurpose Health Workers (Male) does not merit acceptance since the State Government in its wisdom has framed two separate rules for two categories i.e. male and female. Thus, the petitioners cannot seek 30% reservations for the posts meant for Male health workers under the recruitment Rules. The petitioners have not challenged the Rules framed for recruiting the male candidates to the post of Multipurpose Health Workers (Male). As regards the contention raised by the petitioners that female health workers are appointed as referred in paragraph five of the petition, the same is devoid of merit since it is not clarified whether they are appointed to the post of Multipurpose Health Workers (Male) rather it refers to the appointment of Multipurpose Health Workers in the Ahmedabad Municipal Corporation. No details of recruitment rules are mentioned pursuant to which the appointments of such persons are made. 9. In this view of them matter, in the wake of two separate rules framed by the State Government for the recruitment of Female and Male Health Workers, this Court does not deem it appropriate to set-aside the advertisement dated 04.08.2011 issued for the recruitment for the post of Multipurpose Health Worker (Male) at the behest of petitioners who belong to female category. With the aforesaid observations, present petition stands dismissed. Rule is discharged.