Bharatbhai Parabatbhai ... vs State Of Gujarat
2022 Latest Caselaw 7106 Guj

    C/SCA/11940/2022                             JUDGMENT DATED: 08/08/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 11940 of 2022


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE BIREN VAISHNAV

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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 ?

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                   BHARATBHAI PARABATBHAI KHAMBHALA
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR VIJAY H NANGESH(3981) for the Petitioner(s) No. 1
for the Respondent(s) No. 1
MR. KURVEN DESAI, AGP, for the Respondent(s) No. 1,2,3,4
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    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/11940/2022 JUDGMENT DATED: 08/08/2022

behalf of the respondent - State.

2 Heard Mr.Vijay Nangesh, learned advocate for the

petitioner and Mr.Kurven Desai, learned Assistant

Government Pleader for the State respondents.

3 The petitioner belongs to the Rabari community,

which is covered under the Scheduled Tribes category.

The Gujarat Subordinate Service Selection Board, issued

an advertisement No.170/2018-19 on 07.03.2019 for

filling up 550 vacant posts of Supervisor Instructor

(Electrical Group), Class-III.

3.1 The petitioner submitted his application and

appeared for the written examination. The petitioner was

found eligible to be appointed to the post of Supervisor

Instructor (Electrical Group), Class-III. His name figured

at serial no.320 on the select list prepared on 03.08.2021.

3.2 No appointment orders have been issued in the case

C/SCA/11940/2022 JUDGMENT DATED: 08/08/2022

of the present petitioner.

4 Mr.Vijay Nangesh, learned advocate, would submit

that the scrutiny for examining the petitioner's caste

certificate is pending now for more than one year and

though the petitioner has been selected for appointment

to the post of Supervisor Instructor (Electrical Group),

Class-III, 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

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

C/SCA/11940/2022 JUDGMENT DATED: 08/08/2022

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 Supervisor Instructor (Electrical

Group), Class-III, 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

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 his actual appointment from the date of his juniors

C/SCA/11940/2022 JUDGMENT DATED: 08/08/2022

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