Gujarat High Court Imposes Rs 1.5 Lakh Fine on State Government for Recruitment Irregularities
The Gujarat High Court has levied a substantial fine of Rs 1.50 lakh on the state government for significant lapses in the recruitment process for physical education teachers. The court found that authorities unjustly excluded three highly qualified candidates, despite their eligibility, and then provided unsatisfactory justifications to defend this action.
Court Orders Compensation and Reconsideration for Excluded Candidates
In a decisive ruling, the High Court directed the government to pay the fine amount directly to the three affected candidates—Ajay Desai, Dinesh Upadala, and Dilip Chandresha—with each receiving Rs 50,000. Furthermore, the court mandated that the state consider their candidatures for the positions of Shikshan Sahayak in grant-in-aid higher secondary schools located in Mehsana district. This recruitment drive, which filled 26 posts last year, had initially overlooked these individuals.
Background of the Case and Qualifications of Petitioners
The three petitioners approached the High Court after their names were omitted from the merit list, even though they possessed the requisite qualifications: a BPEd (Bachelor of Physical Education), MPEd (Master of Physical Education), and a 2-tier TAT (Teacher Aptitude Test) for higher secondary in Yoga Health & Physical Education. They highlighted that the government had selected five other candidates with identical qualifications, while excluding them despite their higher merit rankings. Additionally, the authorities inappropriately prioritized unrelated postgraduate degrees over the petitioners' MPEd credentials.
Government's Defense Deemed Unacceptable by the Court
When the High Court sought an explanation from the concerned authorities, they attempted to justify the exclusion by arguing that the petitioners held a professional qualification rather than an academic one. The court dismissed this contention as "vague and unfathomable" and "beyond imagination," noting that the master's degree was explicitly listed in the original advertisement. After rejecting this defense, the government shifted blame to the district education officer for the error. However, the High Court emphasized that the recruitment process was conducted at the government level, holding higher authorities accountable.
Court's Final Directions and Safeguards for Other Candidates
In its final order, the High Court instructed the government to evaluate the petitioners' candidatures based on their marks and adjust them into the select list accordingly. Importantly, the court specified that the five already-selected candidates with the same qualifications should not be disturbed, as their appointments were based on relevant and requisite criteria. This balanced approach ensures fairness while maintaining the integrity of the initial selections.
Recovery of Fine from Erring Officers Permitted
The High Court also granted the government permission to recover the Rs 1.50 lakh fine amount from the officers responsible for the lapse, if deemed appropriate. The ruling explicitly targets "the erring officers, who failed to take the right stand before this court, more particularly, who connived to ensure that the petitioners are not selected." This provision underscores the court's intent to hold individuals accountable for administrative failures and prevent future recurrences of such injustices.
