Gujarat High Court
Prashant Rajabhai Khambhala vs State Of Gujarat on 20 April, 2023
Bench: Mauna M. Bhatt
C/SCA/6631/2023 JUDGMENT DATED: 20/04/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6631 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE MAUNA M. BHATT
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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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PRASHANT RAJABHAI KHAMBHALA
Versus
STATE OF GUJARAT
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Appearance:
NIYATI V VAISHNAV(6168) for the Petitioner(s) No. 1
MR ADITYA PATHAK ASST. GOVERNMENT PLEADER for the
Respondents
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 20/04/2023
ORAL JUDGMENT
1. RULE returnable forthwith. Mr.Aditya Pathak, learned AGP
C/SCA/6631/2023 JUDGMENT DATED: 20/04/2023
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 hearing.
3. The prayer in the petition is to issue direction to issue an
appointment order to the petitioner for the post of Clerk and
Office Assistant Class-III.
4. The case of the petitioner is that pursuant to an
advertisement for recruitment of Clerk and Office Assistant
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.
C/SCA/6631/2023 JUDGMENT DATED: 20/04/2023
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.
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.
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
C/SCA/6631/2023 JUDGMENT DATED: 20/04/2023
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
2022Reading 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
C/SCA/6631/2023 JUDGMENT DATED: 20/04/2023
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 and Mr. Aditya Pathak, 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 Clerk
and Office Assistant Class-III subject to result of the Scrutiny
Committee. Such orders shall be issued within a period of two
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
C/SCA/6631/2023 JUDGMENT DATED: 20/04/2023
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.
(MAUNA M. BHATT,J)
NAIR SMITA V.
