C/SCA/7927/2025 ORDER DATED: 17/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 7927 of 2025 With R/SPECIAL CIVIL APPLICATION NO. 5784 of 2025 With R/SPECIAL CIVIL APPLICATION NO. 6000 of 2025 With R/SPECIAL CIVIL APPLICATION NO. 6020 of 2025 ========================================================== JAGDISHBHAI VIRABHAI RATHOD Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR DIVYESH SEJPAL(1322) for the Petitioner(s) No. 1 MS TANUSHREE SHRIMAL, AGP for the Respondent(s) No. 1,2,3 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 17/07/2025 ORAL ORDER 1. Issue Rule returnable forthwith. Learned AGP Ms. Tanushree Shrimal waives service of rule on behalf of the respondents. Since the subject matter of each petition is identical and they are from the setup of same District, they are decided together. 2. By way of these petitions, the petitioners have prayed for a declaration that they were required to be promoted to the post of Head Constable and then to the post of Assistant Sub Inspector from the date other similar employees are promoted. Their promotions are delayed for want of passing of Course in Computer Concepts (hereinafter referred to as “CCC”) from Government recognised institutions, discarding the valid CCC certificates each petitioner possessed at the time of first appointment. Relevant dates emerging from the record about each petitioner joining in service as an ad-hoc Unarmed Police Constable/Lok Rakshak, getting regular appointment after successful completion of 5 C/SCA/7927/2025 ORDER DATED: 17/07/2025 years in service, promotions etc are mentioned herein below, which are uncontroverted: Special Civil Application No. 5784 of 2025  Petitioner: Pareshbhai Bijalbhai Sondharva.  First appointment as Unarmed Police Constable: 02.03.2009.  Appointment in Regular Pay Scale wef. : 14.03.2014.  First CCC certificate: June 2007 from Dr Babasaheb Ambedkar Open University.  First promotion of similarly situated employees as Head Constables: 11.05.2017.  Second CCC Certificate: June 2021 from Gujarat University  First promotion of the petitioner as Head Constable: 15.07.2021  Second promotion of similarly situated employees as Assistant Sub Inspectors: 24.03.2021 Special Civil Application No. 6000 of 2025  Petitioner: Madhubhai Nathubhai Popat.  First appointment as Unarmed Police Constable: 20.07.2011.  Appointment in Regular Pay Scale wef. : 21.08.2016.  First CCC certificate: January 2008 from Dr Babasaheb Ambedkar Open University.  First promotion of similarly situated employees as Head Constables: 11.05.2017. C/SCA/7927/2025 ORDER DATED: 17/07/2025  Second CCC Certificate: June 2017 from Gujarat University.  First promotion of the petitioner as Head Constable: 25.01.2018.  Second promotion of similarly situated employees as Assistant Sub Inspectors: 08.12.2021. Special Civil Application No. 6020 of 2025  Petitioner: Ashvin Parshottam Baraiya.  First appointment as Unarmed Police Constable: 02.03.2009.  Appointment in Regular Pay Scale wef. : 28.03.2014.  First CCC certificate: April 2006 from Dr Babasaheb Ambedkar Open University.  First promotion of similarly situated employees as Head Constables: 11.05.2017.  Second CCC Certificate: June 2017 from Saurashtra University.  First promotion of the petitioner as Head Constable: 12.07.2017.  Second promotion of similarly situated employees as Assistant Sub Inspectors: 24.03.2021  Special Civil Application No. 7927 of 2025  Petitioner: Jagdishbhai Virabhai Rathod.  First appointment as Unarmed Police Constable: 20.07.2011.  Appointment in Regular Pay Scale wef. : 03.08.2016.  First CCC certificate: May 2009 from Dr Babasaheb Ambedkar Open University. Page 3 of 11 C/SCA/7927/2025 ORDER DATED: 17/07/2025  First promotion of similarly situated employees as Head Constables: 11.05.2017.  Second CCC Certificate: June 2017 from Gujarat University.  First promotion of the petitioner as Head Constable: 17.08.2017.  Second promotion of similarly situated employees as Assistant Sub Inspectors: 24.03.2021. 3. The entire case of each petitioner is that at the initial point of time of entry into service, they held CCC certificates having passed the concerned examination. Such certificates were not considered valid by the respondents and without informing them about the said fact, they were left out from being promoted, while their batchmates were granted the benefit of promotion. Incidently, each petitioner held the CCC certificate issued by Dr. Babasaheb Ambedkar Open University and this Court has held that the same is to be considered a valid certificate by the State for all purposes. However, since the petitioners were orally informed about the said fact, each petitioner again appeared in the CCC examination from a recognised University and cleared the same. Only then, the respondents granted them the promotions as mentioned in the above table. 4. The controversy is about the date of promotion as the respondents have not promoted the petitioners from the original date of eligibility i.e. when similarly situated employees were promoted by a general order. The petitioners are promoted only from the date of their individual order after they cleared the CCC examination second time. This has resulted in they missing out on the second promotion to the post of Assistant Sub Inspector along with similarly situated employees as well as the higher pay scale from the original eligible date and other consequential benefits. Page 4 of 11 C/SCA/7927/2025 ORDER DATED: 17/07/2025 On account of the respondents not granting the promotions to the petitioners from their eligible dates, an anomaly has also arisen, where the junior employees to the petitioners have now become their seniors. The petitioners have been making representations to the respondents, pointing out the facts and in some cases, the respondents have rejected the representations, in the rest, they are unanswered. 5. Learned Advocate Mr. Sejpal on behalf of the petitioners would submit that when the case of persons similarly situated like the petitioners working in the cadre of Police Constables were considered for promotion to the cadre of Police Head Constable, the case of the petitioners ought to have been considered more particularly since the certificate of passing of CCC examination by the Dr. Babasaheb Ambedkar Open University was a valid certificate. However, now since each petitioner has appeared and cleared the CCC examination again, which was as such an exercise in futility, he would not rely upon the settled law about validity of a certificate issued by Dr. Babasaheb Ambedkar Open University but another judgement of a Division Bench of this Court dated 08.08.2024 in Letters Patent Appeal No. 129 of 2024 and allied matters in the case of The State of Gujarat and others Vs. Mahesh Sureshbhai Parmar and others. Mr Sejpal, the Learned Advocate has placed reliance upon the observations made at Paragraphs Nos. 25 and 26 of the said decision: “25. It is also not disputed that the State Government extended the date of passing the CCC examinations by various Circulars, and during this extended period, the appellants have passed the exam. The appellants have heavily placed reliance on the Government Circular dated 17.12.2007 issued by the General Administration Departments specifying that a direct recruited candidate is required to have basic computer knowledge as pre-requisite at the time of his appointment, and after the selection/appointment as a part of C/SCA/7927/2025 ORDER DATED: 17/07/2025 Government Departmental Training and/ or during probation period, it is mandatory to pass the examination conducted by the Government Examination Center of CCC for Class-III and Class IV and CCC+ for Class-I and Class-III as decided by the Government. However, this Circular does not stipulate negative consequences of losing the seniority or effecting termination. Assuming the said clause will apply, then also in the case the respondents, when the appellant authority asked them to clear the CCC examination again, the respondents appeared and ultimately, again secured the CCC Certificates. (Emphasis added) 26. The case of the appellants entirely hinges on the Government Resolution dated 23.10.2015. The same will not apply to the respondents. The appellants have treated the respondents as fresh appointees from 2018-19 by wiping out their entire service from the year 2007, which includes the probation/contractual period. It is also an undisputed fact that the respondents were never terminated from the services on the ground that they had not passed the CCC examination within the prescribed period. The appellants have admitted the validity of the CCC certificates possessed by the respondents at the time of their appointments. The respondents were also regularized and placed in regular pay scale after completion of 5 years contractual period. Thus, the conditions of the Resolution dated 23.10.2015 cannot be invoked, after the respondents were regularized in service. In wake of these undisputed facts, the impugned action of treating the respondents as fresh appointees could have been only taken during their probation/contractual period, and not thereafter. There is no provision of law shown to us, which enables the appellants to take such action against those employees, after they have been regularized in service. The only period/time frame available to the appellants to act or invoke the Government instructions/ Resolutions, was during the probation or contractual period, and if the State authorities have failed to do so, they cannot tinker with the seniority and treat the regular employees as fresh appointees. Such an action will amount to putting the cart before the horse, as the regular employees are being treated as fresh appointees with retrospective effect from the date of passing the CCC exams by curtailing the probation period. Thus, the appellants have absolutely acted without application of mind and without realizing the consequences of their orders.” (Emphasis added) C/SCA/7927/2025 ORDER DATED: 17/07/2025 6. Learned Advocate would further submit that as such, the respondents had not promoted many other similarly situated Police Constables who had passed the CCC examination from Dr. Babasaheb Ambedkar Open University and whereas such persons had approached this Court by filing Writ Petitions and whereas the said petitions came to be allowed by learned Co-ordinate Bench of this Court and whereas learned Advocate Mr. Sejpal relies upon decision of learned Co-ordinate Bench dated 05.04.2022 in Special Civil Application No. 12121 of 2021 more particularly it appears that the facts of the present case are almost similar. Learned Co-ordinate Bench had directed the respondents to grant the promotion with all consequential benefits to the petitioner taking the date on which the petitioner was entitled to be promoted as Head Constable and then the second date on which he was entitled to be promoted to the post of Assistant Sub Inspector. Learned Advocate Mr. Sejpal would submit that the said decision has been confirmed by a Division Bench of this Court wherein Letters Patent Appeal No. 44 of 2024 is rejected in limine and therefore, the said decision has become final between the parties more particularly the decision having been implemented by the respondents pursuant to an application preferred by the applicant under the Contempt of Courts Act. 7. Considering the same, learned Advocate Mr. Sejpal would request this Court to grant the same relief as granted by learned Co-ordinate Bench to the petitioner therein. 8. This petition is vehemently opposed by learned Assistant Government Pleader Ms. Tanushree Shrimal on behalf of the respondent- State. 9. Learned AGP Ms. Shreemal would submit that an employee is C/SCA/7927/2025 ORDER DATED: 17/07/2025 required to pass the CCC Examination twice i.e [1] as a pre-condition for entering service and [2] as a pre-condition for confirmation in service as per the Gujarat Civil Services (General Conditions of Service) Rules, 2002. Learned AGP could not counter the fact that each petitioner has again appeared for CCC examination and cleared it and hence, the respondents have granted them promotions. As such, insofar as Special Civil Application No. 12121 of 2021 and Letters Patent Appeal No. 129 of 2024 is concerned, learned AGP could not dispute the fact that the judgement is on absolutely identical facts. Learned AGP could not point out that either of the two above referred decisions of the separate Division Benches of this Court are set aside or stayed. In fact, the State has chosen to implement the orders rather than challenge them before the Hon’ble Supreme Court. 10. Heard learned Advocates for the respective parties. 11. Insofar as the first aspect is concerned as regards the CCC certificate obtained by the petitioners from Dr. Babasaheb Ambedkar Open University, in the considered opinion of this Court, the issue about the same being a valid certificate is no more res integra more particularly the said aspect of certificates of CCC from the Dr. Babasaheb Ambedkar Open University being valid having been decided by learned Co-ordinate Bench and confirmed by Division Bench of this Court and therefore, in the considered opinion of this Court the said issue does not require any further elucidation. 12. Insofar as the reliance placed on the decision in Letters Patent Appeal No. 129 of 2024, the above reproduced paragraphs would squarely apply to the present case. The respondents could not have just promoted the petitioner from the date she cleared CCC second time. That C/SCA/7927/2025 ORDER DATED: 17/07/2025 amounts to altering the seniority of a regularly appointed employee that will have permanent repercussion for the employee. As it has happened in the present case, the junior employees to the petitioner have become her seniors. Such action of the respondents will always have cascading effects on the entire service of an employee and what is even more important is that there is no Government Resolution, Circular or Law enabling the State to do so. 13. In the considered opinion of this Court, since a decision has already been taken by a learned Coordinate Bench and confirmed in Appeal, the same being binding on this Court, in the considered opinion of this Court, this Court is not required to delve into or elucidate on this issue any further. Suffice it to state that the decision of the respondents of not promoting the petitioners to the post of Police Head Constable from the date she became eligible and not further giving the petitioners further consequential promotion, cannot be countenanced. The certificate from the Dr.Babasaheb Ambedkar Open University being a valid certificate and the petitioners, in any case having appeared and cleared the examination again, the respondents are required to give appropriate promotion to the petitioners. Hence the following directions are passed.: [1] The respondents are directed to promote the petitioners as per the following dates: Special Civil Application No. 5784 of 2025  Pareshbhai Bijalbhai Sondharva.  First promotion as Head Constable with effect from: 11.05.2017. Page 9 of 11 C/SCA/7927/2025 ORDER DATED: 17/07/2025  Second promotion as Assistant Sub Inspector with effect with effect from: 24.03.2021. Special Civil Application No. 6000 of 2025  Madhubhai Nathubhai Popat  First promotion as Head Constables with effect from: 11.05.2017.  Second promotion as Assistant Sub Inspector with effect from: 08.12.2021. Special Civil Application No. 6020 of 2025  Ashvin Parshottam Baraiya  First promotion as Head Constable with effect from: 11.05.2017.  Second promotion as Assistant Sub Inspector with effect from: 24.03.2021. Special Civil Application No. 7927 of 2025  Jagdishbhai Virabhai Rathod.  First promotion as Head Constable with effect from: 11.05.2017.  Second promotion as Assistant Sub Inspector with effect from: 24.03.2021. [2] As directed in case of similarly situated employees, all consequential benefits shall be paid to the petitioners on the basis of such changed dates of two promotions. They shall be granted to each petitioner within a period of 12 weeks from the date receipt of copy of this order. 14. Learned Advocate Mr. Sejpal states that the State has decided to conduct departmental examination for further promotions, known as C/SCA/7927/2025 ORDER DATED: 17/07/2025 Mode 3 examination and the last date for submitting the forms is 31.07.2025. According to him, if the petitioners are desirous of appearing for the same the State may accept the form as the petitions are allowed. Therefore, it is directed that the petitioners be allowed to appear in the examination, if otherwise found eligible for it. 15. With the above observations and directions, the present petitions stand disposed of as allowed. Direct service is permitted. (NIKHIL S. KARIEL,J) BDSONGARA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHUPENDRASINH DHANESINH SONGARA(HC01082), Private Secretary, at High Court of Gujarat on 19/07/2025 13:56:28