Mitalben Kihabhai Shamla vs State Of Gujarat, Energy And ...
2022 Latest Caselaw 7105 Guj

       C/SCA/13350/2022                            JUDGMENT DATED: 08/08/2022




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/SPECIAL CIVIL APPLICATION NO. 13350 of 2022


  FOR APPROVAL AND SIGNATURE:


  HONOURABLE MR. JUSTICE BIREN VAISHNAV

  ==========================================================

  1     Whether Reporters of Local Papers may be allowed
        to see the judgment ?

  2     To be referred to the Reporter or not ?

  3     Whether their Lordships wish to see the fair copy
        of the judgment ?

  4     Whether this case involves a substantial question
        of law as to the interpretation of the Constitution
        of India or any order made thereunder ?

  ==========================================================
                     MITALBEN KIHABHAI SHAMLA
                               Versus
      STATE OF GUJARAT, ENERGY AND PETROCHEMICAL DEPARTMENT
  ==========================================================
  Appearance:
  MR. SHALIN MEHTA, SENIOR COUNSEL WITH MR HEMANG M
  SHAH(5399) for the Petitioner(s) No. 1
  for the Respondent(s) No. 1
  MR DIPAK R DAVE(1232) for the Respondent(s) No. 3
  MR. KURVEN DESAI, AGP, for the Respondent(s) No. 1,2
  ==========================================================

      CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                               Date : 08/08/2022
                               ORAL JUDGMENT

1. Rule returnable forthwith. Mr. Kurven Desai, learned

Assistant Government Pleader, waives service of rule on

C/SCA/13350/2022 JUDGMENT DATED: 08/08/2022

behalf of the respondent no. 1 - State and Mr. Dipak

Dave, learned Advocate waives service of rule on behalf

of respondent no. 3 - Paschim Gujarat Vij Company

Limited.

2 Heard Mr. Shalin Mehta, Senior Advocate with Mr.

Hemang Shah, learned advocate for the petitioner and

Mr. Kurven Desai, learned Assistant Government

Pleader for the State respondents and Mr. Dipak Dave,

learned Advocate for respondent no. 3 - Paschim

Gujarat Vij Company Limited.

3 The petitioner belongs to Rabari community, which

is covered under the Scheduled Tribes category. The

respondent no. 3 Paschim Gujarat Vij Company Limited

had issued an advertisement for filling up vacancies of

Junior Engineer- Electrical.

3.1 The petitioner submitted her application and

appeared for the written examination. The petitioner

C/SCA/13350/2022 JUDGMENT DATED: 08/08/2022

was found eligible to be appointed to the post of Junior

Engineer-Electrical Class-III. Her name figured at

serial no. 78 in the provisional list prepared on

25.02.2022.

3.2. No appointment orders have been issued in the

case of the present petitioner.

4 Mr. Shalin Mehta, Senior Advocate with Mr.

Hemang Shah, learned advocate, would submit that

the scrutiny for examining the petitioner's caste

certificate is pending now for more than two months

and though the petitioner has been selected for

appointment to the post of Junior Engineer-Electrical,

but for the exercise at the hands of the Scrutiny

Committee which is pending, no appointment orders

are being issued. He would rely on an order passed by

this Court in Special Civil Application No.1858 of 2021.

5 Mr. Kurven Desai, learned Assistant Government

C/SCA/13350/2022 JUDGMENT DATED: 08/08/2022

Pleader, would rely on an affidavit-in-reply filed in SCA

No.1171 of 2022. Reading the affidavit-in-reply would

indicate that due to certain protest and agitations, and

by virtue of the pendency of the issue, caste

certificates have not been given to the Rabari, Bharvad

and Charan community living in the ness areas in the

forest of Alech, Gir and Barda of Gujarat. Since the

petitioner belong to this area and the issue pertains to

the veracity of the caste of the petitioner who belong

to this area, the Caste Certificate will not be issued for

the time being till the Committee takes a decision.

6 Considering the order of a Co-ordinate Bench of this

Court dated 26.07.2021, the respondent authorities are

hereby directed to give provisional appointment to the

petitioner to the post of Junior Engineer-Electrical,

subject to the result of the Scrutiny Committee. Such

order shall be issued within a period of 02 (two)

months from the date of receipt of the writ of this

order. It is clarified that the appointment of the

C/SCA/13350/2022 JUDGMENT DATED: 08/08/2022

petitioner would be provisional and in case, it is found

by the Scrutiny Committee that the certificate of the

petitioner is not genuine, the petitioner will not be

entitled to any benefit of the provisional service. It is

also clarified that if the Caste Certificate of the

petitioner is found to be genuine, it will be open for the

petitioner to claim her actual appointment from the

date of her juniors and also continuity of service and

other benefits.

7 The petition is allowed to the aforesaid extent. Rule

is made absolute accordingly. Direct service is

permitted.

(BIREN VAISHNAV, J) BIMAL