Gujarat High Court
Jaydev Mulubhai Jaju vs State Of Gujarat on 2 May, 2022
Bench: Biren Vaishnav
C/SCA/7400/2022 JUDGMENT DATED: 02/05/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7400 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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JAYDEV MULUBHAI JAJU
Versus
STATE OF GUJARAT
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Appearance:
NIYATI V VAISHNAV(6168) for the Petitioner(s) No. 1
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 : 02/05/2022
ORAL JUDGMENT
1. RULE returnable forthwith. Mr.Kurven Desai
learned AGP waives service of notice of Rule on
behalf of the respondent State.
2. With the consent of learned advocates for the
respective parties, the petition is taken up for final
C/SCA/7400/2022 JUDGMENT DATED: 02/05/2022
hearing.
3. The prayer in the petition is to issue direction to
issue an appointment order to the petitioner for the
post of Sales Tax Inspector, Class-III.
4. The case of the petitioner is that pursuant to an
advertisement for recruitment of Sales Tax
Inspector, Class-III, 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 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.
C/SCA/7400/2022 JUDGMENT DATED: 02/05/2022
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 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
C/SCA/7400/2022 JUDGMENT DATED: 02/05/2022
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 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
petitioner to the post of Sales Tax Inspector, Class-
III, subject to result of the 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.
C/SCA/7400/2022 JUDGMENT DATED: 02/05/2022
9. The petition is allowed to the aforesaid extent. Rule
is made absolute accordingly. Direct service is
permitted.
(BIREN VAISHNAV, J)
ANKIT SHAH
