A.S. Supehia, J
1. The present writ petition has been filed for the following prayers :-
“9. (A) Declare and hold that the petitioner is possessing requisite educational qualification for appointment to the post of Multi-Purpose Health
Worker (Male), Class-III, and
(B) Quash and set aside the show cause notice dated 29.10.2022, Annexure-A to this petitionâ€
2. The aforesaid prayers clause indicate that the petitioner is seeking the declaration with regard to the possession of the requisite educational
qualification needed for the appointment to the post of Multi-Purpose Health Worker (Class-III) and also the petitioner is seeking quashing and setting
aside the show cause notice dated 29.10.2022.
3. The genesis of the writ petition lies in two judgments of the Division Benches (i) dated 18.07.2017 passed on Letters Patent Appeal No. 504 of
2016 and allied matters and (ii) order dated 08.07.2022 passed in Letters Patent Appeal No.1411 of 2018 allied matters.
4. The petitioner was appointed as a Multi-Purpose health Worker on 12.04.2017 under the respondent Nos.2 and 3. It appears that there were
number of litigations initiated by the Multi-Purpose Health Workers like the petitioner, when the respondent authorities have doubted their educational
qualification’s certificate produced by them from the various Universities. The respondent Authorities had terminated such Multi-Purpose health
Workers by holding that the certificates issued by the Universities, have either not recognized or such Multi-Purpose Health Workers are not
undertaken the courses. The said writ petitions culminated into the judgment dated 18.07.2017 passed on Letters Patent Appeal No.504 of 2016 and
allied matters. The Division Bench, after a comprehensive judgment, issued the following directions:-
“9. In view of the above and for the reasons stated in LPA No. 1002 of 2015, the respondent-authorities are justified in denying the appointment to
the concerned petitioners who claim appointment on the basis of their Certificates in Diploma Course obtained from Manav Bharti University, Solan,
Himachal Pradesh. It is required to be noted that it was demonstrated before this Court in the aforesaid matters that on inquiry, it was found that a
large scale irregularities and illegalities were found in issuing certificates issued by the said University, and therefore, this Court held that there shall be
no compulsion for the Corporation to accept such certificates. Under the circumstances, the present group of Special Civil Applications in which the
respective petitioners have prayed for appointment on the basis of their Diploma Certificates from Manav Bharti University, Solan, Himachal Pradesh
deserve to be dismissed and are accordingly dismissed.
10. Now so far as appointment sought on the basis of Diploma certificate issued by Sunrise University, Rajasthan; OPJS University, Churu, Rajasthan
is concerned, it appears from the Marksheet issued by the said University that the “SunRise University†seems to be established by the
Government of Rajasthan vide SunRise University Act, 2011 and recognized by UGC & Government of India under Section 2 [f] of the Act, 1956.
11. As rightly observed by the learned Single Judge in Special Civil Application No. 13671 of 2012 that the certificate of Diploma/Degree issued by
the said University can be considered as recognized for appointment to the post in question, however, at the same time, the authority will be justified in
holding inquiry with respect to genuineness of the certificate and/or whether such certificates are valid certificates and/or they are obtained/issued
after completing the course/study or not. Therefore, for the aforesaid limited purpose, the matters are required to be remanded to the State
Government for holding necessary inquiry with respect to Diploma certificates issued by the Sunrise University, Tehsil Ramgarh, District Alwar
[Rajasthan]. It will be open for the State authorites to hold a detailed inquiry whether such certificates issued are issued by the concerned
University/Institution or not; whether the respective Universities/Institutions have issued such certificates or not; whether the respective petitioners
were genuine students of such University or not; whether the respective petitioners have completed their study or note and appeared in examination or
not.
12. Now so far as Certificate of Diploma courses issued by OPJS University, Churu, Rajasthan is concerned, nothing is on the record that the said
University has been recognized by the University Grants Commission under Section 2 [f] of the UGC Act,1956 or not. What is produced on the record
is the mark-sheet/marks card on the basis of which it cannot be said that the said University is recognized by the University Grants Commission under
the provisions of University Grants Commission Act, 1956 or not. Under the circumstances, the respective respondents authorities are justified in
denying appointment to the concerned petitioners who are claiming their appointment on the basis of their obtaining certificate of Diploma from OPJS
University, Churu, Rajasthan and Vinayaka Missions University, Salem, Tamilnadu.
13. In view of the above and for the reasons aforestated, the respective petitions qua those petitioners who are claiming appointment on the basis of
their obtaining certificate of Diploma from Manav Bharti University, Solan, Himachal Pradesh and OPJS University, Churu, Rajasthan as well as
Vinayaka Missions University, Tamilnadu are hereby dismissed. There is nothing on the record with respect to Calorx Teachers' University,
Ahmedabad.
14. However, Letters Patent Appeal and the petitions in which petitioners have sought appointment on the basis of Certificate of Diploma issued by
Sunrise University, Rajasthan is concerned, the same are disposed of with a direction to the State Government to hold appropriate inquiry with respect
to genuineness of the Certificates issued by the Sunrise University. It will be open for the appropriate authority â€" State Government to hold a
detailed inquiry as mentioned hereinabove with respect to certificates in Diploma issued by Sunrise University, Rajasthan only. The aforesaid exercise
shall be completed within a period of two months from the date of receipt of the present order.
15. In view of the above and for the reasons aforestated, Special Civil Applications No. 17101/2015 to 17103/2015; 17485/2015; 17475/2015 and
18001/2015 stand dismissed. Notice issued in each case stands discharged.
5. Thereafter, it appears that Misc. Civil Application No.1 of 2018 moved in Special Civil Application No.17102 of 2015 and the Division Bench, by
the order dated 13.07.2018, disposed of the said MCA by observing thus : -“4.0. 4.0. Having heard the learned advocates for the respective parties
and in the facts and circumstances of the case, present application stand disposed of by allowing / permitting the appropriate authority / authorities to
hold the inquiry on the genuineness of the certificate of Diploma Courses obtained by the petitioner from OPJS University, Churu, Rajasthan and may
take appropriate decision in accordance with law and on merits on the same after holding necessary inquiry and after giving reasonable opportunity to
the original petitioner and thereafter communicate the appropriate decision to the original petitioner. It goes without saying that if any adverse decision
is taken against original petitioner, it will be open for the original petitioner to challenge the same before appropriate Court/ forum. If at all, on inquiry,
the Certificate of Diploma Courses obtained by the petitioner is found to be genuine, necessary consequence shall follow.
The aforesaid exercise shall be completed within a period of three months from today.
Till the appropriate decision is taken on inquiry as above and the same is communicated to the original petitioner, the service of the original petitioner
may not be terminated. With this, present application stands disposed of.â€
6. After the aforesaid exercise was undertaken, again various writ petitions were filed before this Court challenging the action of the respondents in
terminating the services of the Multi-Purpose Health Workers. Such writ petitions culminated into Letters Patent Appeal No.1411 of 2018 and allied
matters, which were disposed of by the order dated 08.07.2022. The Division Bench, after analyzing the earlier orders passed by the Division Benches
and thereafter, the respective contentions raised by the Multi-Purpose Health Workers as well as the State Authorities, finally passed the following
order : -
“(i) Letters Patent Appeals and Special Civil Applications stand disposed of.
(ii) As far as Special Civil Application Nos.7118 of 2020, 7364 of 2020, 10471 of 2019, 17283 of 2018 and 20729 of 2018 are concerned, they are
hereby allowed and notice of termination issued to writ applicants is ordered to be treated as show cause notice and reply be submitted by the writ
applicants and thereafter, same be adjudicated by respective Panchayats in accordance with law.
(iii) Orders passed by the learned Single Judge in setting aside the order of termination are sustained.
However, order directing payment of back wages from the date of termination stands modified by directing payment of wages from the date of order
of the learned Single and said compliance shall be made within an outer limit of three months from today.
(iv) Respective District Panchayats would be at liberty to initiate fresh proceedings, if deemed fit and if so advised, and pass orders after treating the
order of termination as show cause notice and on consideration of the reply, pass orders in accordance with law as observed hereinabove.
(v) We make it clear that we have not expressed any opinion with regard to correctness, authenticity and validity of Diploma Certificates which came
to be produced by the respective writ applicants at the time of their employment and it is open for the respective District Panchayats to pass orders
after considering the reply, if any, that would be submitted by the writ applicants. (
vi) It is also made clear that where no show cause notice has been issued, respective District Panchayats shall issue show cause notice and after
considering the reply, if any, submitted by the writ applicants within the period stipulated under show cause, are empowered to pass orders on merits
and in accordance with law. However, in respect of those writ applicants to whom show cause notices have been issued but termination order is
based on the internal inquiry report, copy of such report shall be furnished to them to enable them to have their say on the said issue.
(vii) Respective writ applicants, who have not yet been reinstated, pursuant to order of the learned Single Judge, shall be reinstated by respective
District Panchayats within an outer limit of one month from the date of receipt of copy of this order.
(viii)It is also made clear that writ applicants on being served with show cause notice or report, as the case may be, shall extend full co-operation to
the District Panchayats in concluding the inquiry and it is needless to state that in the event of any such writ applicants failing to co-operate in the
inquiry, appropriate authority would be at liberty to proceed to adjudicate the same in accordance with law.
(ix) Costs made easy.
(x) Pending applications, if any, stand consigned to records.â€
7. The Division Bench accordingly had directed the respondents to hold the necessary inquiry, inquiring the correctness, authenticity and validity of the
diploma certificates produced by the Multi-Purpose Health Workers. As per the directions given by the Division Bench, the respective District
Panchayats have issued show cause notices to the various Multi-Purpose Health Workers like the present petitioner, which is sought to be challenged
by way of the present writ petition.
8. The impugned show cause notice dated 29.10.2022, issued by the concerned respondent Authorities indicates that the the petitioner has been called
upon to produce the documents as mentioned in the show cause notice suffers from total non-application of mind and pre-determination, as the
petitioner has already undergone the necessary degree / diploma course under the OPGS University i.e. the respondent No.5. It is submitted that the
educational qualification of the petitioner cannot be doubted, as in the earlier round of litigation, it was the stand of the respondent Authorities that the
certificates of the petitioner is not under any clout, as the same has been issued by the concerned University after undergoing the diploma / degree
course.
9. Learned advocate Mr.Vyas, has submitted that the impugned notice is required to be quashed and set aside and the respondents may be directed to
hold the petitioners’ education qualification as proper and accordingly the respondents may be directed not to proceed further with the inquiry.
10. Per contra, learned advocate Mr.Munshaw, appearing for the respondent Nos.2 and 3 has submitted that the impugned show cause notice does
not require interference, since, the same is issued pursuant to the directions issued by the Division Bench. It is submitted by him that the petitioner is
only called to submit the relevant documents so that the diploma certificates can be verified. It is submitted that after giving proper opportunity of
hearing to the petitioner, the respondent Authorities will pass appropriate orders after examination of the documents produced by the petitioner as
mentioned in the show cause notice.
11. The aforementioned facts suggest that the entire issue raised in the petition rests on the directions issued by the Division Benches, as mentioned
hereinabove.
12. The Division Bench vide order dated 08.07.2022 has issued various directions, as incorporated hereinabove, and has directed the respective
Panchayat to undertake necessary inquiry and also it is directed to the Multi-Purpose Health Workers to fully cooperate in the inquiry.
13. Thus, the entire exercise is undertaken, pursuant to the directions issued by the Division Benches and accordingly, the show cause notice is issued
for getting the diploma / degree to be verified of the concerned employee like the petitioner. Thus, this Court does not any illegality or infirmity in the
show cause notice dated 29.10.2022, hence, the writ petition fails. In wake of the aforesaid facts and directions issued by the Division Benches, this
Court cannot issue any direction declaring the petitioner to be having the requisite educational qualification of the post of Multi-Purpose Health Worker
(Class-III), as prayed for, in the writ petition.
14. In view of the foregoing reasons and analysis, the writ petition is summarily rejected. It is apparent that this Court has not examined anything on
merits. It will be open for the petitioner to satisfy the concern of the authorities by producing the necessary documents.
