Gujarat High Court
Vijaybhai Vejabhai Kodiyatar vs State Of Gujarat on 17 August, 2022
Bench: Biren Vaishnav
C/SCA/12400/2022 JUDGMENT DATED: 17/08/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12400 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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VIJAYBHAI VEJABHAI KODIYATAR
Versus
STATE OF GUJARAT
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Appearance:
MS NIYATI V VAISHNAV(6168) for the Petitioner(s) No. 1
for the Respondent(s) No. 1
MR DIPAK R DAVE(1232) for the Respondent(s) No. 3
MR UTKARSH SHARMA, AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 17/08/2022
ORAL JUDGMENT
1. RULE returnable forthwith. Mr. Sharma learned AGP
waives service of notice of Rule on behalf of the respondent
C/SCA/12400/2022 JUDGMENT DATED: 17/08/2022
State while Mr. Dipak Dave, learned advocate waives service of
notice of Rule for the respondent - PGVCL.
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 Vidhyut
Sahayak (Junior Engineer).
4. The case of the petitioner is that pursuant to an
advertisement for recruitment of Vidhyut Sahayak (Junior
Engineer), the petitioner being a Scheduled Tribe candidate,
applied for appointment.
5. Ms. Niyati Vaishnav learned counsel for the petitioner
would submit that appointment was orally denied on the ground
that the caste from which the petitioner belongs is under scrutiny
C/SCA/12400/2022 JUDGMENT DATED: 17/08/2022
of the State Government. Reliance is placed on an order dated
15.03.2020 passed in Special Civil Application 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
C/SCA/12400/2022 JUDGMENT DATED: 17/08/2022
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 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
C/SCA/12400/2022 JUDGMENT DATED: 17/08/2022
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 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, Mr. Sharma, learned AGP for the State as well as Mr.
Dipak Dave, learned advocate for respondent No.3 - PGVCL,
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 petitioner to the post of Vidhyut
Sahayak (Junior Engineer - Civil), subject to result of the
C/SCA/12400/2022 JUDGMENT DATED: 17/08/2022
Scrutiny Committee. Such orders shall be issued within a period
of four months from the date of receipt of writ of this Court.
7. 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 the benefit of being in
provisional service.
8. 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 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
