Gujarat High Court
Bhaveshbhai Jashbhai Taviyad vs State Of Gujarat on 13 February, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/1865/2025 ORDER DATED: 13/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO.1865 of 2025
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BHAVESHBHAI JASHBHAI TAVIYAD
Versus
STATE OF GUJARAT & ORS.
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Appearance :
NIYATI V VAISHNAV for the Petitioner.
MS TANUSHREE SHRIMAL, AGP for the Respondent Nos.1,2
MR HAMESH C NAIDU for the Respondent No.3.
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 13/02/2025
ORAL ORDER
1. Rule. Rule returnable forthwith. Ms. Tanushree Shrimal, learned AGP waives service of rule for the respondent Nos.1 and 2 and Mr. Hamesh C. Naidu, learned advocate waives service of rule for the respondent No.3.
2. The present Special Civil Application is filed praying for the following reliefs :-
"8A. This Hon'ble Court be pleased to issue a writ of mandamus or any other writ, order or direction in form of writ of mandamus directing the respondents to issue appointment orders to the petitioner at the post of Conductor;
B. This Hon'ble Court be pleased to hold and declare the action of the respondents in not appointing the petitioner as Conductor though being Page 1 of 4 Uploaded by R.N. SAVARIYA(HC00179) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 22:59:48 IST 2025 NEUTRAL CITATION C/SCA/1865/2025 ORDER DATED: 13/02/2025 undefined there in the select list is arbitrary, unjust, improper and illegal;
C. This Hon'ble Court be pleased to grant interim relief by directing the respondents to give provisional appointment to the petitioners at the post of Conductor;
D. This Hon'ble Court be pleased to pass such other and further relief as may be deemed just and proper in the facts and circumstances of the case."
3. Learned counsel for the petitioner submits that the petitioner applied for the post of Conductor. He, thereafter, cleared the examination and the select list came to be published where the name of the petitioner figured. She submits that the petitioner also remained present for the place of selection. The documents as called for by the respondents came to be submitted by the petitioner. Despite the submission of all the documents, it is submitted that till date, the petitioner did not receive any appointment letter, and therefore, the petitioner inquired about the same. It is the case of the petitioner that he was orally denied the appointment only on the ground that the caste from which the petitioner belongs to is under scrutiny by the State Government and a Committee is also formed by the State Government. The report whereof is awaited. She submits that the petitioner, who had applied in the category of Scheduled Tribe is not getting appointment because the said tribe is under scrutiny by a Committee. The learned counsel for the petitioner submits that the Caste Certificate as submitted by the petitioner is not in doubt and Page 2 of 4 Uploaded by R.N. SAVARIYA(HC00179) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 22:59:48 IST 2025 NEUTRAL CITATION C/SCA/1865/2025 ORDER DATED: 13/02/2025 undefined the same is a valid document as it has been issued by the Competent Authority.
4. Learned counsel for the petitioner has relied upon the judgment of the Co-ordinate Bench of this Court, vide order dated 09.11.2023 in Special Civil Application No.17637 of 2023. She submits that the learned Division Bench has also confirmed similar orders passed in similar set of facts, vide order dated 25.11.2021 in Letters Patent Appeal No.984 of 2021.
5. Learned counsel appearing for the respondents submits that though the Caste Certificate of the petitioner has been issued by the Competent Authority and is not under challenge, however since the State Government has constituted a Committee to look into the issue of various Schedule Tribes inhabiting the region, from where the petitioner belongs to, the petitioner has not been given an appointment even though his name figures in the select list. The learned counsel submits that once the report of the Committee is made available, thereafter, the case of the petitioner shall be considered.
6. Heard the learned counsel for the parties and perused the documents on record. It is not disputed that this Court in various judgments in similar set of circumstances has issued orders granting benefits of provisional appointment subject to the outcome of the caste scrutiny undertaken by the State Government. This Court has directed the respondent - State to give provisional appointment in cases where the Scrutiny Committee has not verified the Caste Certificate within a reasonable time.
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7. Having regard to the same, the respondent No.3 is directed to give provisional appointment to the petitioner for the post of Conductor subject to the final decision which shall be taken by the Caste Scrutiny Committee. Such order shall be issued within a period of 8 weeks from the date of receipt of this order.
8. It is further clarified that once the Caste Certificate of the petitioner is scrutinized and the report thereof is made available to the respondent No.3, then the respondent No.3 shall act in accordance with law. If the Caste Certificate of the petitioner is found to be genuine then it will be open for the petitioner to claim seniority and all other benefits including continuity of service as would be available to him from the date when the candidate junior to the petitioner in the merit list has been appointed to the post in question.
9. With the aforesaid directions, the writ-petition stands disposed of. Rule is made absolute. No order as to costs. Direct service is permitted.
(NIRZAR S. DESAI,J) SAVARIYA Page 4 of 4 Uploaded by R.N. SAVARIYA(HC00179) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 22:59:48 IST 2025