Gujarat High Court
Hardas Panchabhai Chhelana vs State Of Gujarat on 14 October, 2022
Bench: Biren Vaishnav
C/SCA/17871/2022 JUDGMENT DATED: 14/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17871 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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HARDAS PANCHABHAI CHHELANA
Versus
STATE OF GUJARAT
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Appearance:
NIYATI V VAISHNAV(6168) for the Petitioner(s) No. 1
MR.KURVEN DESAI, AGP for the Respondent(s) No. 1, 2
MR HS MUNSHAW(495) for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 14/10/2022
ORAL JUDGMENT
1. RULE returnable forthwith. Learned counsels
appearing for the respective parties, waives service of
rule on behalf of the respective respondents.
C/SCA/17871/2022 JUDGMENT DATED: 14/10/2022
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 Conductor with GSRTC.
4. The case of the petitioner is that pursuant to an
advertisement being GSRTC-201920/32 for
recruitment of Conductor, 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. She placed reliance on an order dated
15.03.2020 passed by this Court in Special Civil
C/SCA/17871/2022 JUDGMENT DATED: 14/10/2022
Application No.1168 of 2022 and submitted that this
matter is covered by this decision.
6. Learned advocate Mr.H.S.Munshaw for
respondent no.3 would invite attention of this Court
to the affidavit in reply filed. He would rely on
paragraph no.5 of the reply which reads as under:
"5. The respondent No.3 submits that, the
Tribal Development Commissioner, Gujarat
State, Gandhinagar has submitted a report
relating to 318 candidates after verification of
documents and they are issued appointment
orders. It is stated that, respondent No.3 has yet
to receive reports relating to 62 candidates and
the petitioner is one of them."
7. 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
C/SCA/17871/2022 JUDGMENT DATED: 14/10/2022
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 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-
C/SCA/17871/2022 JUDGMENT DATED: 14/10/2022
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 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."
C/SCA/17871/2022 JUDGMENT DATED: 14/10/2022
8. Having heard learned advocates for the
respective parties, 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 Conductor 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.
9. 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.
10. 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
C/SCA/17871/2022 JUDGMENT DATED: 14/10/2022
from the date of his juniors and also continuity of
service and other benefits.
11. The petition is allowed to the aforesaid extent.
Rule is made absolute accordingly. Direct service is
permitted.
(BIREN VAISHNAV, J)
ANKIT SHAH
