Gujarat High Court Strikes Down VMC's 2018 Executive Engineer Appointment as Unconstitutional
The Gujarat High Court has delivered a landmark judgment, quashing the 2018 appointment of an Executive Engineer by the Vadodara Municipal Corporation (VMC). The court declared the appointment "arbitrary and violative" of the Constitution, labeling it "illegal" in a strongly worded order that upholds merit-based selection in public service appointments.
Court Orders Appointment of Merit List Topper
Justice M J Shelat, presiding over the case, directed the VMC to appoint petitioner J B Kalathiya to the post of Executive Engineer (Civil) Class-I by March 2, 2026. Kalathiya had secured the highest score of 250 marks in the selection process, while the appointed candidate, Dharmik Dave, had scored 176 marks and ranked third on the merit list prepared by the VMC's selection committee.
The court noted that the VMC's decision to appoint Dave instead of Kalathiya constituted a clear "violation of Article 14 of the Constitution of India," which guarantees equality before law. The appointment was made through a public invitation and notice that explicitly stated candidates would be selected based on merit.
Sympathetic Consideration for Current Officer
In a compassionate gesture, the High Court also directed the VMC to "sympathetically" consider accommodating Dharmik Dave, the current officer, within the corporation's service. The court acknowledged that Dave has been working with the VMC since 2018 and would "otherwise be jobless" after several years of service.
The court noted that Dave, now aged about 37 years, "may not be eligible for other public employment" and directed the VMC to consider his representation for accommodation. During proceedings, Dave's advocate submitted that his client was "ready to accept appointment as a fresh appointment" without claiming benefits from his initial appointment date.
Legal Precedent and Court's Reasoning
The High Court's judgment referenced a previous case where the state government had set aside a similar VMC action through an order dated March 31, 2017. The court observed that the VMC advocate was "unable to dispute the fact" that Kalathiya's candidature could not have been ignored following these earlier orders.
In its oral judgment dated February 3, the court stated: "(VMC) can by no means be allowed to sustain the appointment of (Dave) as it was not in consonance with law." The court further declared that "the action of (the VMC) is arbitrary and violative of Articles 14 and 16 of the Constitution of India."
Key Court Directives
- The VMC must appoint J B Kalathiya as Executive Engineer by March 2, 2026
- Kalathiya's appointment date will be treated as his entry date for all service benefits
- The VMC must sympathetically consider accommodating Dharmik Dave in corporation service
- The 2018 appointment order and related resolutions are quashed and set aside
The court's decision emphasizes the fundamental principle that public appointments must strictly adhere to merit-based selection processes, particularly when explicitly stated in recruitment notices. This judgment serves as a significant precedent for ensuring transparency and fairness in municipal corporation appointments across Gujarat.
