Kodiyatar Vijaybhai Kanabhai vs State Of Gujarat
2022 Latest Caselaw 8089 Guj

    C/SCA/16964/2022                                  JUDGMENT DATED: 16/09/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 16964 of 2022

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE BIREN VAISHNAV
==========================================================
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 ?

==========================================================
                       KODIYATAR VIJAYBHAI KANABHAI
                                  Versus
                            STATE OF GUJARAT
==========================================================
Appearance:
MR HEMANG M SHAH(5399) for the Petitioner(s) No. 1
for the Respondent(s) No. 1
MR KURVEN DESAI, AGP for the Respondent(s) No. 1,2,3
==========================================================
    CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
                     Date : 16/09/2022
                     ORAL JUDGMENT

1. Rule returnable forthwith. Mr. Kurven Desai, learned

Assistant Government Pleader, waives service of rule on

behalf of the respondent no. 1 - State.

2. Heard Mr. Hemang Shah, learned advocate for the

petitioner and Mr. Kurven Desai, learned Assistant

C/SCA/16964/2022 JUDGMENT DATED: 16/09/2022

Government Pleader for the State respondents.

3. The petitioner belongs to Rabari community, which is

covered under the Scheduled Tribes category. The

respondent no. 3 Lokrakshak Recruitment Board had issued

an advertisement for filling up vacancies of Lokrakshak -

Armed Police Constable.

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 Lokrakshak - Armed Police

Constable. His name did not figure in the final result

declared on 30.11.2019.

3.2. No appointment orders have been issued in the case of the

present petitioner.

4. Mr. Hemang Shah, learned advocate, would submit that the

scrutiny for examining the petitioner's caste certificate is

pending now for more than two months and though the

C/SCA/16964/2022 JUDGMENT DATED: 16/09/2022

petitioner has been selected for appointment to the post of

Lokrakshak - Armed Police Constable, 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

C/SCA/16964/2022 JUDGMENT DATED: 16/09/2022

dated 26.07.2021, the respondent authorities are hereby

directed to give provisional appointment to the petitioner to

the post of Lokrakshak - Armed Police Constable, 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.

(BIREN VAISHNAV, J) VATSAL S. KOTECHA