Parbat Vaghabhai Galchar vs Rajesh Manjhu , Commissioner
2023 Latest Caselaw 92 Guj

     C/MCA/1326/2022                                  ORDER DATED: 04/01/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/MISC. CIVIL APPLICATION NO. 1326 of 2022
           In R/SPECIAL CIVIL APPLICATION NO. 16443 of 2022
                                  With
               R/MISC. CIVIL APPLICATION NO. 1327 of 2022
                                    In
              SPECIAL CIVIL APPLICATION NO. 15757 of 2022
                                  With
               R/MISC. CIVIL APPLICATION NO. 1328 of 2022
                                    In
              SPECIAL CIVIL APPLICATION NO. 15404 of 2022
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                        PARBAT VAGHABHAI GALCHAR
                                  Versus
                       RAJESH MANJHU , COMMISSIONER
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Appearance:
MR JIGAR G GADHAVI(5613) for the Applicant(s) No. 1,2,3
MR MANAN MEHTA, AGP for the Oppondent(s) No.
NOTICE SERVED for the Opponent(s) No. 1,2,3
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                            Date : 04/01/2023

                   ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned advocates for the respective parties.

2. In respect of the order of learned Single Judge which is brought under contempt in these Miscellaneous Civil Applications, the following order in Letters Patent Appeal Nos.1747-1749 of 2022 which were preferred by Gujarat State Road Transport Corporation against the judgment and order of learned Single Judge came to be passed today.

"Heard learned advocates for the respective

C/MCA/1326/2022 ORDER DATED: 04/01/2023

parties appearing in the captioned Letters Patent Appeals.

2. The controversy which could be figured out in the Appeals are that the private respondents who fared for the post of Drivers/Conductors were denied the consideration in the category of Scheduled Tribe on the ground of doubting the veracity of caste certificate they were holding.

3. Learned Single Judge, while deciding their petitions seeking relief, inter alia directed that appointments of the petitioners should be provisional and in case it is found by the Scrutiny Committee that the certificate of the petitioners were not genuine, the petitioners could not be entitled the benefit of being provisional in service. In other words, learned Single Judge has put the only condition about verification of the caste certificate of the petitioners for its genuineness. Eight weeks time is granted in the impugned order to the Scrutiny Committee to decide about the genuineness of the certificate.

4. Looking to the contours of the controversy and particularly noticing that Tribal Development Department through the Secretary of the Department is party respondent in all the cases and the said respondent is the competent authority who would decide about the genuineness about the certificate, we direct the said respondent to proceed to examine the genuineness of the certificate of the respective original petitioners and file necessary affidavit in that regard on the next date.

5. In the context of above observations, Notice, returnable on 30th January, 2023. To be listed at 02.30 p.m."

3. In light of the abovesaid order, no cause for contempt survives in the present proceedings, at this stage. Accordingly, they are disposed of. Notice in each of the Miscellaneous Civil Application is discharged.

(N.V.ANJARIA, J)

(NIRAL R. MEHTA,J) ANUP