Trivedi Himanshu Ghanshyambhai vs Ahmedabad Municipal Corporation And ...

4. The appellant was appointed as an X-Ray Technician in Beherampura Referral Hospital, run under the supervision and control of the Corporation on 1st of February, 1988. In the Referral Hospital, there was no post of clerks since 1983. Since 1984, the appellant, apart from discharging his duty as an X-ray Technician was also, regularly and compulsorily, carrying out the clerical and administrative work connected therewith. According to the appellant, the administrative activities carried out by him, inter alia, included: [i] taking X-ray of the patients; [ii] collecting fees for X-ray; [iii] entering the amount received in the cash book; [iv] preparation of the case papers; [v] maintaining of the register of the patients whose X-ray is taken; [vi] maintaining the record of the purchase of X-ray films; [vii] purchase of X-ray films; [viii] to fill in the octroi forms and Vforms; and [ix] maintain X-ray date stock register and audit the same and several such activities which were purely administrative in nature. On 13th of November, 1997, a circular, viz., Circular No. 80 was issued by the Corporation inviting applications for 19 posts of Assistant Manager from amongst the qualified existing employees of the Corporation. The aforesaid circular clearly specified that an eligible candidate should be a graduate with second class from any recognized university with ten years of administrative experience. The circular also provided that preference would be given to candidates holding a degree in law or any other higher degree. The appellant, in pursuance of the aforesaid circular of the Corporation dated 13th of November, 1997, applied for appointment to the post of Assistant Manager in the prescribed form, which was forwarded through the Medical Officer of the Corporation under whom he was working. The said form, filled in by the appellant, was duly scrutinized and after it was found that the appellant was eligible, the same was sent to the Corporation for consideration. Accordingly, the Corporation, thereafter, directed the appellant to appear for a written test. A mode of selection was prescribed by the Corporation, which comprised a two-tier system, namely a written test of 150 marks and a viva-voce test of 50 marks. The written test was conducted under the supervision of Indian Institute of Management, Ahmedabad. On the basis of performance and marks scored, 58 candidates, including the appellant and respondents 2 and 3 were selected and asked to appear for an oral interview. The oral interview was conducted by a Five Member Interview Committee comprising

(i) Municipal Commissioner, Ahmedabad; (ii) Prof. Pestonjee, Indian Institute of Management, Ahmedabad; (iii) Dr. N.R. Dixit, Director, Som Lalit Institute and visiting faculty of Indian Institute of Management, Ahmedabad; (iv) Deputy Municipal Commissioner [Finance]; and (v) Chief Auditor, Municipal Corporation, Ahmedabad. From the above, it would be evident that barring two members, the remaining members of the Interview Committee were the employees of the Corporation. Therefore, it cannot be said that all the members of the interview committee were under the employment of the corporation. The Corporation prepared a merit list of the candidates, with their qualifications and date of appointment in the Corporation, on the basis of their performance in the oral interview before the aforesaid Committee and also in the written examination. The appellant figured at Sl. No.4 in the merit list and was shown to possess degrees in B.Sc. and LLB and his date of appointment in the Corporation was shown as 17th of May, 1984. On 22nd of December, 1999, a resolution was adopted by the Corporation, whereby, it was communicated to the selected candidates that they had been appointed as Assistant Managers on probation for a period of one year in the scale of Rs.8000-275-13500 and that after completion of the probation period, their appointments would be made acting on the basis of report of their performance. As the appellant was figuring at Sl. No.4 of the said resolution, he was posted in the engineering department against the vacancy of one Lokendre Singh Rathod. Challenging the legality and validity of the appointments, to the post of Assistant Manager, made by the Corporation by its resolution dated 22nd of December, 1999, a writ petition was filed by the respondents 2 and 3 in the High Court of Gujarat at Ahmedabad wherein, the appellant was arrayed as respondent No. 3. Since, in this case, we are concerned only with the appointment of the appellant, which has been set aside by the High Court by the impugned judgment, we feel it proper to refer only to the case of the appellant. In the writ petition, it was, inter alia, alleged, by respondents 2 and 3 herein, against the appellant that he was working as an X-ray Technician which is purely a technical post having nothing to do with administrative work and accordingly, the requirement as to ten years experience on the administrative side for appointment to the post of Assistant Manager was not fulfilled. In view of the aforesaid, the respondents 2 and 3 herein prayed for setting aside the appointment of the appellant to the aforesaid post of Assistant Manager. A learned Single Judge of the High Court allowed the writ petition, which was affirmed by the Division Bench, thereby quashing the appointment of the appellant to the post of Assistant Manager in the Corporation.

vi) The X-ray technician is holding independent charge and therefore, in his department he is responsible for reparation as well as for proper maintenance and also has to maintain other such registers. Thus for the records of the X-ray department as well as of other departments, he is responsible.

10. For the aforesaid reasons, this appeal must succeed and accordingly, the judgments of the Division bench of the High Court as well as of the single judge are set aside and the writ petition filed by the respondents 2 and 3 stands dismissed. No order as to costs.