Gujarat High Court
Rajubhai Vajangbhai Katara vs State Of Gujarat on 17 August, 2022
Bench: Biren Vaishnav
C/SCA/13769/2022 JUDGMENT DATED: 17/08/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13769 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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RAJUBHAI VAJANGBHAI KATARA
Versus
STATE OF GUJARAT
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Appearance:
MS NIYATI V VAISHNAV(6168) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 1
MR KURVEN DESAI, AGP for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 17/08/2022
ORAL JUDGMENT
1. RULE returnable forthwith. Learned Assistant
Government Pleader Mr. Kurven Desai waives service of notice
of Rule for and on behalf of the respondents.
C/SCA/13769/2022 JUDGMENT DATED: 17/08/2022
2. With the consent of learned advocates for the
respective parties, the petition is taken up for final hearing.
3. The prayer in the petition is to issue direction to issue
an appointment order to the petitioner for the post of Account
Officer, Class-II.
4. The case of the petitioner is that pursuant to an
advertisement dated 24.09.2019 by GPSC for recruitment of
Account Officer, Class-II, the petitioners being Scheduled Tribe
candidates, applied for appointments.
5. Ms. Niyati Vaishnav, learned counsel for the
petitioners would submit that appointment was orally denied on
the ground that the caste from which the petitioners belong is
under scrutiny of the State Government. Reliance is placed on
an order dated 15.03.2020 passed in Special Civil Application
C/SCA/13769/2022 JUDGMENT DATED: 17/08/2022
No.1168 of 2022, which reads as under:
"1 Rule returnable forthwith. Mr.Kurven Desai,
learned Assistant Government Pleader, waives
service of rule on behalf of the respondent - State.
2 Heard Mr.Shalin Mehta, learned Senior
Advocate with Mr.Hemang Shah, 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 Public Service
Commission, issued an advertisement No.112/2018-
19 on 17.07.2017 for filling up 60 vacant posts of
Police Inspector (Unarmed), Class-2.
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 Police Inspector (Unarmed), Class-
II. His name figured at serial no.56 on the
select list prepared on 22.02.2021.
3.2 No appointment orders have been issued
in the case of the present petitioner, since
February, 2021 because of the Caste
Certificate controversy pending consideration
before the Scrutiny Committee.
4 Mr. Shalin Mehta, learned Senior Advocate,
would submit that the scrutiny for examining the
petitioner's caste certificate is pending now for more
C/SCA/13769/2022 JUDGMENT DATED: 17/08/2022
than a year and though the petitioner has been
selected for appointment to the post of Police
Inspector (Unarmed), Class-II, 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 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 Police
Inspector (Unarmed), 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
C/SCA/13769/2022 JUDGMENT DATED: 17/08/2022
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 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."
6. Having heard Ms. Vaishnav, learned advocate for the
petitioner and Mr. Desai, learned AGP for the State, and in view
of the order referred to herein above, the petition is allowed. The
respondent authorities are directed to give provisional
appointment to the petitioners to the post of Account Officer
(Class-II) subject to result of the Scrutiny Committee. Such
orders shall be issued within a period of eight weeks from the
date of receipt of writ of this Court.
7. It is clarified that the appointment of the petitioners would
be provisional and in case, it is found by the Scrutiny
Committee that the certificate of the petitioners are not genuine,
the petitioner will not be entitled to the benefit of being in
C/SCA/13769/2022 JUDGMENT DATED: 17/08/2022
provisional service.
8. It is also clarified that if the caste certificate of the
petitioners are found to be genuine, it will be open for the
petitioner to claim their actual appointment from the date of
their juniors and also continuity of service and other benefits.
9. The petition is allowed to the aforesaid extent. Rule is
made absolute accordingly. Direct service is permitted. No order
as to costs.
(BIREN VAISHNAV, J)
VATSAL S. KOTECHA
