Gujarat High Court
Dharamkumar Hirabhai Kodiyatar vs State Of Gujarat on 20 April, 2023
Bench: Mauna M. Bhatt
C/SCA/4108/2023 JUDGMENT DATED: 20/04/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4108 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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DHARAMKUMAR HIRABHAI KODIYATAR
Versus
STATE OF GUJARAT
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Appearance:
MR HEMANG M SHAH(5399) for the Petitioner(s) No. 1
MS NIRALI SARDA 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. Ms. Nirali Sarda, learned
Assistant Government Pleader, waives service of rule on behalf
C/SCA/4108/2023 JUDGMENT DATED: 20/04/2023
of the respondent - State.
2. Heard Mr. Shalin N. Mehta, Senior Advocate assisted by
Mr. Hemang Shah, learned advocate for the petitioner and Ms.
Nirali Sarda, learned Assistant Government Pleader for the
State respondents.
3. The petitioner belongs to Rabari community, which is
covered under the Scheduled Tribes category. On 07.03.2019,
Gujarat Secondary Service Selection Board had issued
Advertisement no. 167/201819 to 180/201819 for filling up
vacancies of Supervisor Instructors, Class-III in various groups.
3.1. The petitioner submitted his application for Supervisor
Instructor (Electrical Group - Advertisement No. 170/201819)
and appeared for the written examination. The petitioner was
found eligible to be appointed to the post of Supervisor
Instructor, Electrical Group, Class-III. However, the petitioner
was enlisted at serial no. 101 in the waiting list declared on
03.08.2021 due to non-availability of vacancies.
3.2. On 07.06.2022, respondent no. 3 addressed a
communication to the petitioner informing him that the
waiting list is operated and therefore he had been
recommended for appointment. The petitioner was requested to
remain present on 21.06.2022 with his original documents so
C/SCA/4108/2023 JUDGMENT DATED: 20/04/2023
that verification of the same could be undertaken.
3.3. On 21.06.2022, the petitioner was present with his
original documents and submitted the same to respondent
No.1. The petitioner was requested to exercise his place of
posting. The petitioner had opted for posting at ITI center
situated at Abdasa, Kutch.
3.4. No appointment order is issued in the case of the present
petitioner.
4. Mr. Shalin Mehta, Senior Advocate assisted by 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
petitioner has been recommended for appointment to the post
of Supervisor Instructor, Electrical Group, 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. Nirali Sarda, learned Assistant Government Pleader,
has stated that due to certain protests and agitations, and by
virtue of the pendency of the issue, caste certificates have not
C/SCA/4108/2023 JUDGMENT DATED: 20/04/2023
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 belongs to this area and the
issue pertains to the veracity of the caste of the petitioner who
belongs to this area, the appointment order 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 Supervisor Instructor, Electrical Group, Class-III,
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 and it would
be open for the authorities to take appropriate steps in
accordance with law. No equities shall be created in favour of
the petitioner. 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
appointment as granted to his juniors and also continuity of
service and other benefits.
C/SCA/4108/2023 JUDGMENT DATED: 20/04/2023
7. The petition is allowed to the aforesaid extent. Rule is
made absolute accordingly. Direct service is permitted.
(MAUNA M. BHATT,J)
NAIR SMITA V.
