Gujarat High Court
Bipinkumar Kantilal Vaghela vs State Of Gujarat on 20 November, 2025
NEUTRAL CITATION
C/SCA/5936/2020 JUDGMENT DATED: 20/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5936 of 2020
With
CIVIL APPLICATION (FOR AMENDMENT) NO. 1 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 5936 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE MAULIK J.SHELAT Sd/-
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Approved for Reporting Yes No
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BIPINKUMAR KANTILAL VAGHELA & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR BHUSHAN B OZA(1072) for the Petitioner(s) No. 1,2,3
MR. SIDDHARTH RAMI, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,3
NOTICE SERVED BY DS for the Respondent(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 20/11/2025
ORAL JUDGMENT
[1] With the consent of the learned advocates appearing for the respective parties, the present Writ Petition is taken for hearing.
[2] Heard learned advocate Mr. Bhushan B. Oza for the petitioners as also learned Asst. Government Pleader Mr. Page 1 of 6 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 23:33:58 IST 2025 NEUTRAL CITATION C/SCA/5936/2020 JUDGMENT DATED: 20/11/2025 undefined Siddharth Rami for the respondent - State and its authorities, at length.
[3] RULE returnable forthwith. Learned AGP Mr. Rami, waives service of notice of Rule for and on behalf of the respondents.
[4] The present Writ Petition is filed under Articles 14, 16, 19 and 226 of the Constitution of India seeking following reliefs:
"(A) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents to forthwith appoint petitioners on the post of home guard in the city of Ahmedabad.
(B) To issue a writ of mandamus or a writ in the (B) nature of mandamus or any other appropriate writ, order or direction, directing the respondent no.1 to initiate disciplinary inquiry against respondent no.2 Commandant General, Home Guards, Gujarat State and all his subordinate officers responsible for the scam in the appointment of Home Guards in Ahmedabad in 2016 and 2017 as per the report dated 29.10.2018 made by the very office of Commandant General Home Guards, Gujarat State under the signature of Shri P.B.Gondia, I.P.S. and take departmental actions against all officers responsible for the irregularities and illegalities in the recruitment of home guards in 2016 and 2017 in the city of Ahmedabad as provided by law.
(C) Pending admission, hearing and final disposal of the above Special Civil Application to direct the respondent no.1 to place on record, the action taken by it report dated 29.10.2018 made by the very office of Commandant General Home Guards, Gujarat State under the signature of Shri P.B.Gondia, I.P.S. (D) To grant ad-interim relief in terms of Para-32(C) hereinabove.Page 2 of 6 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 23:33:58 IST 2025
NEUTRAL CITATION C/SCA/5936/2020 JUDGMENT DATED: 20/11/2025 undefined (E) The Hon'ble Court may kindly be pleased to grant any other appropriate relief as the nature circumstances of the case may require. (F) To award the cost of this petition."
[5] At the outset, learned advocate Mr. Oza, through Additional Affidavit dated 19.11.2025 of the petitioner, tenders unconditional apology, thereby, states that there was no ill- intention either on the part of the petitioners or himself to mislead the Court by stating that while passing order by the Division Bench of this Court whereby disposing of Writ Petition (PIL) No.6 of 2020 as withdrawn, liberty was granted to petitioner concerned to avail alternative remedy. The aforesaid Additional Affidavit dated 19.11.2025 is allowed to be submitted and taken on record.
[5.1] Learned advocate Mr. Oza would state that, at the relevant point of time, under the instructions of the petitioner concerned, with a liberty to avail alternative remedy, the aforesaid PIL was withdrawn but the same was not transpired in the order, for which, speaking to minutes note was also filed which was disposed of vide order dated 13.02.2020. [5.2] Nonetheless, learned advocate Mr. Oza, under the instructions of his clients, would submit that pursuant to the last Page 3 of 6 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 23:33:58 IST 2025 NEUTRAL CITATION C/SCA/5936/2020 JUDGMENT DATED: 20/11/2025 undefined order passed by this Court dated 11.11.2025 in this matter, petitioners have received a formal order dated 28.08.2025 issued by the Commandant General, Home Guards, Gujarat State. Further, under the instructions, learned advocate Mr. Oza, states that petitioners will report for the duty as soon as possible.
[6] After going through the explanation coming forth by way of the aforesaid Additional Affidavit, this Court would not like to go further deep into the issue raised in its aforesaid order dated 11.11.2025, at the same time, it only caution the petitioners as well as his learned advocate that in future, they may take due care while making any statement on oath before this Court. [7] Having considered the facts and circumstances of the case and as such, now, principal prayer of the petitioner made in para 32 (A) of the present petition is redressed as respondent - Authority issued above referred appointment order in favour of the petitioners whereby all petitioners will be appointed as Home Guards in the City of Ahmedabad as per the Rules and Regulations attached to the services of Home Guards, thereby, nothing survived in this Writ Petition.
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NEUTRAL CITATION C/SCA/5936/2020 JUDGMENT DATED: 20/11/2025 undefined [8] At this stage, learned AGP Mr. Rami would point out to this Court that pursuant to the above referred order dated 28.08.2025, petitioners need to approach the District Commandant, Ahmedabad (East) and on approaching the aforesaid Officer, formal order of appointment with duty to be discharged by each petitioner will be issued/given and they shall have to act accordingly.
[9] It goes without saying that petitioners will have to act as per the Rules and Regulations of the respondent - Authority and require to follow / obey all the conditions/duty attached to the services of Home Guards.
[10] As far as other prayer made in para - 32 (B) made in the present petition is concerned, prima facie, it appears that very same relief has been sought in the aforesaid PIL, which appears to have not been entertained by the Division Bench of this Court as it was dismissed as withdrawn.
[11] The bare reading of the orders passed in aforesaid PIL would not remotely suggest that any liberty was reserved in favour of the petitioner concerned to avail alternative remedy. Page 5 of 6 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 23:33:58 IST 2025
NEUTRAL CITATION C/SCA/5936/2020 JUDGMENT DATED: 20/11/2025 undefined True, present petitioners are not petitioners of aforesaid PIL but at the same time, fact remains that remaining prayers made in this petition were part of such PIL, according to my view, when the Division Bench having not entertained such prayers but allowed PIL to be withdrawn by the petitioner concerned, rather observed that "dismissed as withdrawn", this Court is also of the similar view that such prayer made in this petition cannot be entertained. Hence, it is hereby rejected. [12] Thus, in view of the aforesaid facts and circumstances and subsequent development taken place, there is no need to continue with this Writ Petition further. Accordingly, other prayers than prayer 32(A), are not granted and same is hereby denied.
[13] With the aforesaid, the present petition is partly allowed to the aforesaid extent. Rule is made absolute accordingly. [14] As a sequel, connected Civil Application does not survive and is accordingly, disposed of.
(MAULIK J.SHELAT,J.) Lalji Desai Page 6 of 6 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 23:33:58 IST 2025