Samatbhai Lakhamanbhai ... vs State Of Gujarat
2023 Latest Caselaw 3101 Guj

     C/SCA/23019/2022                                   JUDGMENT DATED: 20/04/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 23019 of 2022


FOR APPROVAL AND SIGNATURE:

HONOURABLE MRS. JUSTICE MAUNA M. BHATT

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1     Whether Reporters of Local Papers may be allowed                        No
      to see the judgment ?

2     To be referred to the Reporter or not ?                                  No

3     Whether their Lordships wish to see the fair copy                        No
      of the judgment ?

4     Whether this case involves a substantial question                        No
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

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                    SAMATBHAI LAKHAMANBHAI KHAMBHALA
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR VIJAY H NANGESH(3981) for the Petitioner(s) No. 1
Ms Jyoti Bhatt, AGP for the Respondent - State
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    CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT

                               Date : 20/04/2023

                               ORAL JUDGMENT

1. Rule returnable forthwith. Ms. Jyoti Bhatt, learned Assistant Government Pleader, waives service of Rule on behalf of the respondent -State.

2. Heard, Mr. Vijay Nangesh, learned advocate for the

C/SCA/23019/2022 JUDGMENT DATED: 20/04/2023

petitioner and Ms. Jyoti Bhatt, learned Assistant Government Pleader for the respondent - State.

3. The petitioner belongs to the Rabari Community, which Scheduled Tribes is covered Category. under the The Gujarat Subordinate Service Selection Board, issued an advertisement No. 153/2018-19 on 25.07.2019 for filling up 106 vacant posts of Additional Assistant Engineer (Civil) Class-III.

3.1 The petitioner submitted after application and appeared for the his written examination. The Petitioner was found eligible to be appointed to the Post of Additional Assistant Engineer (Civil) Class-III. His name figured at Serial No.31 on the select list prepared on 10.11.2021.

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

4. Mr. Vijay Nangesh, learned advocate, would submit that the scrutiny for examining the petitioner's caste certificate is pending now for more than one year and though the petitioner has been selected for appointment to the post of Additional Assistant Engineer (Civil) Class III, 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. Ms. Jyoti Bhatt, learned Assistant Government Pleader, would rely on an affidavit-in-reply filed in SCA No.1171 of 2022.

C/SCA/23019/2022 JUDGMENT DATED: 20/04/2023

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 area 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-odinate Bench of this Court dated 26.7.2021, the respondent authorities are hereby directed to give provisional appointment to the petitioner to the Post of Additional Assistant Engineer (Civil) Class III, subject to the result of the scrutiny committee. Such order shall be issued within a period of 2 (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 petitioner is allowed to the aforesaid extent. Rule is made absolute accordingly. Direct Service is permitted.

(MAUNA M. BHATT,J) SHRIJIT PILLAI