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Gujarat High Court · body

2020 DIGILAW 318 (GUJ)

Patil Harshkamal Pravinbhai v. State of Gujarat

2020-02-19

BIREN VAISHNAV

body2020
JUDGMENT : 1. RULE. With the consent of the parties, the matters are taken for final hearing. 2. Since both the petitions pertain to the same issue and the facts are common, facts of Special Civil Application No.1080 of 2020 are being recorded. 3. In both these petitions, in all 60 petitioners aspire for being appointed to the post of Live Stock Inspectors pursuant to their selection on such posts. 4. An advertisement being advertisement no.134 of 2017/2018 was issued by Gujarat Sub-ordinate Selection Board for the recruitment of Live Stock Inspectors, 400 in number. As per the advertisement, a candidate should not be less than 18 years of age and should not be more than 33 years age as on 08.08.2017. He should have passed S.S.C. (10th Standard) with English Language and should have obtained certificate from any institute/university. By an amendment to the Rules, on 09.02.2017, an additional qualification was added i.e. a candidate who has a certificate of Live Stock Inspector course of at least one year duration from any of the Universities established or incorporated from any of the Central or the State Act or any other educational institution recognized as such or declared to be deemed as University under Section 3 of the University Grants Commission Act, 1956. 5. The petitioners have passed one year Diploma Course of Live Stock Inspector from J.S.University (Shikohabad), Firozabad, U.P. The petitioners were called for written examination on 24.02.2018. A computer proficiency test was conducted on 12.08.2018. Documents were verified on 27.11.2018 to 01.12.2018. It is the case of the petitioners that the petitioners appeared in the select list. As far as petitioners of Special Civil Application No.1080 of 2020, they were at Sr. Nos.2 and 6 respectively. The case of the petitioners is that candidates, 175 in number, were issued appointment letters, however, the petitioners did not receive such appointment letters though their names were there on the select list. The petitioners were informed that in respect of their candidature, since they had passed their course from a University outside the State, the issue is under consideration of the Government. Several representations were also made. 6. It appears that on 31.05.2019, the Director of Animal Husbandries, addressed a letter to the J.S.University, requesting the University to provide information in a prescribed format in context of the certified course of Live Stock Inspector. 7. Several representations were also made. 6. It appears that on 31.05.2019, the Director of Animal Husbandries, addressed a letter to the J.S.University, requesting the University to provide information in a prescribed format in context of the certified course of Live Stock Inspector. 7. On 18.07.2019, the J.S. University in the format sent by the Government provided information as required. Amongst the information provided was that the university runs a certified course in diploma in Live Stock Inspector which is of a duration of one year. It has been running such course for the years 2016 and 2017. 8. For further verification of the veracity on the issue of the awarding of the diploma certificate by the J.S.University, the State sent its officers to various universities including the J.S.University. The University once again on 20.09.2019 reiterated that it was conducting a one year course of Live Stock Inspector. To the question whether it had obtained an approval from the academic council, the remark was “not applicable”. A report was submitted by the Directorate of Animal Husbandry on 22.10.2019 which amongst other things suggested that the candidature of the 60 petitioners was eligible on the ground that at the time of filing of the application, 54 candidates had entered only “University”. Six candidates had submitted documents of some other university. It appears that pursuant to the inquiry, letters have not been issued for appointment and as a result of such state of suspended animation, the petitioners approached this Court by filing the present petition. 9. This petition was filed on 16.01.2020. It was listed for hearing on 22.01.2020. Then it was adjourned to 28.01.2020, 07.02.2020 and 12.02.2020, when it was heard. The case of the petitioners is that the appointment orders were not issued on the ground that certain complaints were received with regards to the certificate issued by the University. Initially an affidavit in reply was filed by the State contending that since the applicants/petitioners had filed online applications which had discrepancies inasmuch as the petitioners had mentioned only “university”, their candidatures were under investigation as mentioning the name of the university raised serious questions of doubt regarding the veracity of the certificate obtained by the petitioner. The affidavit then subsequently suggests that on the basis of the reports that were filed by the University on 18.07.2019 and 20.09.2019 and the letter of 30.11.2019 the University was providing dubious information. The affidavit then subsequently suggests that on the basis of the reports that were filed by the University on 18.07.2019 and 20.09.2019 and the letter of 30.11.2019 the University was providing dubious information. According to the Government, the academic council's minutes dated 15.08.2015 were produced by the petitioners and not by the University. Secondly, though there was a specific mention of a duration of one year certificate course in the recruitment rules, the Academic Council did not mention such duration. That while in the letter of 18.07.2019, the J.S.University mentioned the course has been conducted for two years i.e. 2016-17 and 2017-18, vide report dated 20.09.2019, the certified course which had been shown was said to be as having been conducted only for year 2016-17. The apparent contradictions in the letters and the lack of details regarding the approval granted by the academic council of the J.S.University cast a huge shadow of doubt on the genuineness and the authenticity on the certificates of Live Stock Inspector course conducted by the university. 10. Rejoinder has been field on record suggesting that the Academic Council's letter of 14.08.2015 was in fact received by the Government through the University. It was sent by an E-mail and speed post and the tracking report of the delivery of such document is on record. The certificates inevitably show that the Live Stock Inspector course was of one year. Pending the petition, the impugned order dated 05.02.2020 was passed which now suggests that though the authorities have overlooked the mistake in the online forms, the only ground on which the request for appointment is rejected is on the ground that the resolution of academic council did not show that the certified course was for a duration of one year. 11. Mr.T.R.Mishra learned advocate and Mr.D.B.Patel appeared for the petitioners. 12. Mr.T.R.Mishra made the following submissions: (I) That for 400 posts of Live Stock Inspectors, an advertisement was issued. Appointment orders have been issued to 175 candidates. Petitioners who have undertaken their certificate of Live Stock Inspector course from J.S.University, Shikohabad, have not been issued appointment orders though their names figure in the select list. (II) That it is the Academic Council of the University, a University recognized by the UGC which has to maintain the standard of course and assure the role of the statutory body. Petitioners who have undertaken their certificate of Live Stock Inspector course from J.S.University, Shikohabad, have not been issued appointment orders though their names figure in the select list. (II) That it is the Academic Council of the University, a University recognized by the UGC which has to maintain the standard of course and assure the role of the statutory body. (III) The J.S.University does not have an off campus center/study center beyond the territorial jurisdiction of the State. The University is established under the Act of 2015 and is a private university, recognized by UGC and empowered to award degrees. (IV) Drawing my attention to the reports at page 133, he submitted that there was a specific mention that the duration of the certificate course was one year. (V) That, appropriate details were given in the online application filed by the petitioners. (VI) For scrutiny of documents, the petitioners met the deponent of the affidavit-in-reply Dr.Pankaj Kumar J. Derashri who asked them to submit copy of the minutes of the meeting of the Academic Council. The information was independently sent by email to the government by the University. (VII) Till such time the petition was filed and representations were made, the only ground put-forth was the discrepancy of online applications. No decision was taken on the issue of veracity of the certificate of Live Stock Inspectors. (VIII) By the impugned order dated 05.02.2020, a decision is taken that since no duration of the certificate course is mentioned in the resolution of the Academic Council, the petitioner's names are removed from the select list. In fact, at all times the University in its responses in specified formats on 18.07.2019, 20.09.2019 and 30.11.2019 together with copy of Academic Resolution has mentioned that the duration of the course is one year. (IX) The syllabus at page 169 clearly mentions the duration of the course as one year. (X) From the advertisement and the minutes of the meeting and the Board's powers, the only power was to check the veracity of the degree/certificate as to whether it was genuine or fake. That exercise was undertaken and it was found on the basis of personal visit and information supplied that such a certificate course did exist and was so approved by the Academic Council. That exercise was undertaken and it was found on the basis of personal visit and information supplied that such a certificate course did exist and was so approved by the Academic Council. (XI) Letter dated 10.02.2020 written by the J.S.University to the Department specifically provided and reiterated that the duration of the course was one year. The certificate is for one year course. He therefore submitted that the order dated 05.02.2020 cancelling the appointment of the petitioner is bad on the ground that the duration of course is not mentioned in the council. There is evidence to suggest that the duration of course in fact is of one year. 13. Ms. Aishvarya Gupta learned Assistant Government Pleader appeared for the Government made the following submissions: (A) All 60 petitioners are candidates who have undergone the course of Live Stock Inspectors from J.S.University and also where Academic Council was not provided the duration of course. (B) The recruitment rules for Live Stock Inspectors provide that a candidate should have undergone a certificate course of duration of one year. The candidate i.e. petitioners have not undergone the one year course as is evident from the resolution of the Academic Council as the resolution does not specify the duration. (C) There was variance in the information provided by the University. In a response on 18.07.2019, the University stated that the course was for 2016-17 and 2017-2018, whereas, in a reply of 20.09.2019, it was stated that the course was for 2016-2017. (D) The University is one outside Gujarat. The variances and inconsistencies at the hands of the University in its responses raises serious doubts regarding the actual approval by the Academic Council for the course. (E) Since Special Civil Application No.13586 of 2018 was preferred and is pending where genuineness of the certificate of J.S.University is under scrutiny, the candidates were called for physical verification of their documents. No duration is mentioned in the Academic Council's resolution and therefore the appointments are rightly cancelled. (F) The express mention of the duration of the course was of utmost importance as the Live Stock Inspector certificate course is a “Hands on Training” course. Ms.Gupta would therefore, extensively relying on the affidavits submit that the impugned decision dated 05.02.2020 is just and proper. 14. (F) The express mention of the duration of the course was of utmost importance as the Live Stock Inspector certificate course is a “Hands on Training” course. Ms.Gupta would therefore, extensively relying on the affidavits submit that the impugned decision dated 05.02.2020 is just and proper. 14. Considering the submissions made by the respective parties, the issue for consideration of this Court is, as to whether, the petitioners who possess the certificate of Live Stock Inspectors from the J.S. University, Shikohabad, can be held duly qualified and be appointed as Live Stock Inspectors on the basis of their names having been placed on the select list. The petitioners are 60 in number. At the time of verification as per report dated 19.10.2019, it was found that while submitting application form online, 54 candidates had entered only “UNIVERSITY” in the online column and 6 candidates had submitted documents of some “other” university's name. From the subsequent developments and on the basis of a decision taken in the meeting on 30.01.2020 under the Chairmanship of the Chairman, Gujarat Subordinate Services Selection Board, the mistakes referred to herein above were considered as bona-fide mistakes and it was decided that the selection shall be based on the documents actually and physically submitted by candidates for verification. 15. The only objection on which ground the petitioners are not appointed is that the duration of the course is not mentioned. 16. The question therefore is whether there is sufficient material to support the exclusion of the petitioners from the select list or whether the decision to do so is palpably arbitrary. 17. From the arguments made by the learned advocates and the material on record it is not in dispute that, as per recruitment rules, in order to be eligible to be considered for appointment, the incumbent shall have undergone a certificate course of Live Stock Inspector for one year. The stand of the State is that they doubt the information provided by the J.S.University, Shikohabad, on the basis of their responses given on 18.07.2019 and the personal visit verification on 20.09.2019. The case of the government is that the University, the principal academic body i.e. the Academic Council, established under the University Act of 2015 and recognized by the UGC in its resolution dated 14.08.2015 does not mention the duration of the course. The case of the government is that the University, the principal academic body i.e. the Academic Council, established under the University Act of 2015 and recognized by the UGC in its resolution dated 14.08.2015 does not mention the duration of the course. Even if the resolution of the Council is so accepted, it does not therefore inspire confidence that the petitioners in fact have undergone a one year certificate course through the University. Let the validity of this perception of the State be assessed from the chronology and material available. (i) On 31.05.2019, the Directorate of Animal Husbandry, Gujarat State, wrote to the J.S.University, Shikohabad, to provide information on the Diploma course and Live Stock Inspector's certificate course. In a prescribed format “PART-D-SPECIFIC INFORMATION ON LIVESTOCK INSPECTOR'S CERTIFICATE COURSE AND UNIVERSITY” in serial no.3. The information reads as under: “3. Duration of Livestock Inspector's 1 year Certificate Course (1 year/2 year/3 year) 4. Since when/for which years you are running/had been running this Live Stock Inspector's Certificate Course, mentioned at Sr.No.2 above ? 8. 2016-2017 9. 2017-2018 (ii) On 20.09.2019 an officer of the State went for a personal inspection of the University and a report was prepared. As per PART-E SPECIFICATION OF CERTIFICATE COURSE AND UNIVERSITY on the duration of the Live Stock Inspector's course, the duration mentioned is 1 year. To a question as to whether the University has obtained the approval/sanction/permission of Academic Council or Statutory Council or Governing Council to run the Live Stock Inspector's course, if YES, then copy of the same be enclosed if “NO” or “NOT APPLICABLE” then reasons be provided. The University wrote “N.A.” (NOT APPLICABLE). To a question since when/for which years this University has been running the Live Stock Inspector's course, it appears that the University responded “2016-2017”. This information was at variance to the information provided on 18.07.2019 where it provided information that the course was running for years: 2016-2017 and 2017-2018. (iii) The Academic Council Resolution dated 14.08.2015 is annexed both, by the petitioners and the respondents in the affidavit in reply. The resolution extract, would read as under: ACADEMIC COUNCIL RESOLUTION 14TH AUGUST 2015 Present. 1. Vice Chancellor 2. 3. (iii) The Academic Council Resolution dated 14.08.2015 is annexed both, by the petitioners and the respondents in the affidavit in reply. The resolution extract, would read as under: ACADEMIC COUNCIL RESOLUTION 14TH AUGUST 2015 Present. 1. Vice Chancellor 2. 3. Acceptance of various curriculum (1) PG Diploma in Journalism and NASS Communication (2) Certificate course in Live Stock Inspector (iv) It is no longer now in dispute that the copy of the resolution of the Academic Council is also received directly from the University by the State Government. (v) That the Recruitment Rules do provide that the selectee should have undergone a certificate course of One Year duration. The letter dated 10.02.2020 written by the J.S.University, though after 05.02.2020 reiterates its stand on the issue and need to be reproduced in its entirety: “To, Dr. Falguni S Thakar Director of Animal Husbandry 2nd floor, Block B, Krishi Bhawan, Sector-10 A, “CH” Road, Gujarat State, Gandhinagar Subject: - Providing Information Regarding One Year Duration of Certificate in Livestock Inspector Course (CLSI) of J.S. University. Specifically for non rejection our students from final merit list. Ref: - 1. Your letter/email dated 19th November 2019. No:-EST/L.I/2019/73/7233 – 41/2019 2. Our Office Reply to you by speed post and email/in person on (i) 18.07.2019 By Post (ii) 20.09.2019 to the verification officer Dr Nisha Shah. (iii) 30.11.2019 by Speed post. (iv) 12.12.2019 Academic Council Resolution by Speed post and Email 3. Number of former CLSI students request for this letter dated 5th Feb. 2020. Dear Sir/Madam, With the deep concern of above cited subject I would like inform you that our office came to know that you have rejected the candidature of our students of Certificate in Livestock inspector course from the final merit list. Further you are not giving appointment to them on the post of livestock inspector under your department without giving any chances to them or us for justification about one year duration of our CLSI course which is against the principle of natural justice. The reason given for rejection by your department is as under. “The Course DURATION (i.e. 1 Year) has not been mentioned in Academic Council's Approval/Permission. Hence, the said Qualification is not in accordance with Recruitment Rules for the post of livestock inspector” KINDLY CONSIDER FOLLOWING CLARIFICATION ABOUT DURATION OF CERTIFICATE IN LIVESTOCK INSPECTOR COURSE WHICH IS ONE YEAR. The reason given for rejection by your department is as under. “The Course DURATION (i.e. 1 Year) has not been mentioned in Academic Council's Approval/Permission. Hence, the said Qualification is not in accordance with Recruitment Rules for the post of livestock inspector” KINDLY CONSIDER FOLLOWING CLARIFICATION ABOUT DURATION OF CERTIFICATE IN LIVESTOCK INSPECTOR COURSE WHICH IS ONE YEAR. (1) The Duration of Certificate in Livestock Inspector Course One Year is clearly mentioned in the Marks Sheet Of the students. (2) Information provided by our university to your office dated 18/07/2019, 20.09.2019, 30.11.2019 we have clearly mentioned that the duration of certificate in livestock inspector course is ONE YEAR (3) The Academic Council had approved the syllabus of Certificate in livestock inspector course on 14.08.2015 and it's clearly mentioned in the resolution of academic council in Hindi as under. “................................ ….............................. ….............................. 1. PG DIPLOMA IN JOURNALISM AND MASS COMMUNICATION 2. CERTIFICATE IN LIVESTOCK INSPECTOR. (HINDI TO ENGLISH TRANSLATION OF ABOVE) “Approval of syllabuses of various courses: Syllabuses prepared by various departments and faculty were approved. All the Syllabuses are attached (Annexure- 1 Faculty and subject wise syllabuses) 1. PG DIPLOMA IN JOURNALISM AND MASS COMMUNICATION 2. CERTIFICATE IN LIVESTOCK INSPECTOR. =============================== As mentioned above the Academic council by resolution on 14.8.2015 had approved the syllabus of certificate in livestock inspector course. The resolution was sent to you on 12.12.2019. The syllabus approved by the academic council's resolution was sent to you along with our letter dated 30.11.2019 as Annexure-7. On the first page of the said syllabus it's clearly mentioned. DURATION :- 1 YEAR ELIGIBILITY:- 10TH STANDARD PASS At the end I hope that considering above facts it's very clear now that “THE DURATION OF OUR CERTIFICATE IN LIVESTOCK INSPECTOR'S COURSE IS ONE YEAR”. Kindly accept the candidature of our students and take decision in accordance with law to give them appointment under your department. Thanks and regards Kulsachiv J.S.University Shikohabad (Firozabad)” 18. The contention of the State Government so recorded in the impugned order that the duration of the course has not been mentioned in the resolution of the Academic Council, dated 14.08.2015 as is so mentioned in the case of other university as in the case of OPJS University's resolution, would vindicate the State's rejection as being arbitrary and bad. The contention of the State Government so recorded in the impugned order that the duration of the course has not been mentioned in the resolution of the Academic Council, dated 14.08.2015 as is so mentioned in the case of other university as in the case of OPJS University's resolution, would vindicate the State's rejection as being arbitrary and bad. This, the Court says so, on the following counts: (a) In the information supplied to the queries raised by the department on 31.05.2019, the University specifically provided the information on 18.07.2019 that the duration of the course was one year. (b) Even on 20.09.2019 when on a personal visit by the officers, the chart specifically mentioned that the course was one year course. The only omission was that the University to the question whether it had obtained approval from the Council, the response was “NOT APPLICABLE”. (c) This response could not have led the State to believe that the absence of details of duration in the Academic Council resolution dated 14.08.2015, was fatal. (d) At page 169 of the Affidavit in reply is a communication dated 30.11.2019 of the J.S.University the letter reiterates that it was so resolved on 14.08.2015 to approve the course of Certificate of Livestock Inspector. The course duration was specifically mentioned as “1 YEAR”. To discredit the veracity of the letter merely because it is written by the Registrar, is an objection being too technical. (e) Even when the minutes of the meeting dated 30.01.2020 are perused in context of the advertisement's condition no.5 and the exercise that was to be undertaken, it appears that the scrutiny was only on the aspect of the document being found to be fake. This was not the case on hand. (f) If candidates such as those who had applied through university such as Madhav University were given one chance for the University to prove their stand, J.S.University should have been asked too. (g) The nature of inspection and scrutiny of certificates was only as to their veracity and not whether in fact the course duration was of one year. There is no doubt that the course undertaken is genuine, through a recognized university approved by the UGC. The resolution of the Government of Gujarat dated 16.01.1978 specifically states that degrees/diplomas issued by Universities out side the State automatically recognized. There is no doubt that the course undertaken is genuine, through a recognized university approved by the UGC. The resolution of the Government of Gujarat dated 16.01.1978 specifically states that degrees/diplomas issued by Universities out side the State automatically recognized. There is no doubt on the basis of material, even by the State, that the duration of the Academic Resolution not being mentioned is not fatal as sufficient material stating that the duration of the course is one year, exists and is produced. 19. For all these reasons, I see no reason to sustain the order dated 05.02.2020. The petitions are allowed. The respondents are directed to appoint the petitioners on the post of Live Stock Inspectors forthwith on the basis of their placement in the merit list so prepared in pursuance of their selection pursuant to the Advertisement No.134/2017/2018 issued for the selection of Live Stock Inspectors. Rule is made absolute. After pronouncement of the judgment, Ms.Aishvarya Gupta, learned AGP requests to stay the judgment for a period of three weeks. Request is however rejected.