Ramabhai Jivabhai Kodiyatar vs State Of Gujarat
2023 Latest Caselaw 1967 Guj

     C/SCA/2363/2023                                JUDGMENT DATED: 01/03/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 2363 of 2023


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE SANDEEP N. 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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                       RAMABHAI JIVABHAI KODIYATAR
                                  Versus
                           STATE OF GUJARAT
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Appearance:
MR JIGAR G GADHAVI(5613) for the Petitioner(s) No. 1
MR NIRAJ SHARMA, AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2,3
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    CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                              Date : 01/03/2023

                              ORAL JUDGMENT

1. Rule returnable forthwith. Learned AGP Mr.Niraj

Sharma waives service of notice of rule for and on

C/SCA/2363/2023 JUDGMENT DATED: 01/03/2023

behalf of the respondent - State.

2. Heard Mr.Jigar Gadhvi, learned advocate for the

petitioners and Mr.Niraj Sharma, learned AGP for the

respondent - State.

3. The petitioner belongs to the community which is

covered under the Scheduled Tribes category. The

Gujarat State Road Transport Corporation issued

advertisement bearing No.GSRTC-2017-18/1 for

recruitment to the post of Driver and Conductor.

4. The petitioner submitted his application and cleared

the examination and driving test and his name was published in the list of selected candidates who were

called for document verification and for selection of the

place of posting. However, no appointment order has

been issued to the petitioner because of his caste

certificate controversy pending consideration before the

Scrutiny Committee.

5. Mr.Gadhvi, learned advocate appearing for the

petitioner would submit that the scrutiny for examining

C/SCA/2363/2023 JUDGMENT DATED: 01/03/2023

the petitioner's caste certificate is pending since long and

though the petitioner has been selected for appointment

to the post of driver but for the exercise at the hands of

the Scrutiny Committee, which is pending, no

appointment order is being issued. He would rely on the

order passed by this Court in the Special Civil

Application No.1858 of 2021.

6. Mr.Sharma, learned AGP would rely on one affidavit-

in-reply filed in the SCA No.1171 of 2022. On perusing

the same, it would indicate that due to certain protests

and agitations, and by virtue of pendency of the issue,

the caste certificates have not been given to the 'Rabari',

'Bharvad' and 'Charan' communities living in the ness areas in the forests of Alech, Gir and Barda of Gujarat.

Since the petitioner belongs to these areas and the issue

pertains to the veracity of the caste of the petitioner

who belongs to these areas, the caste certificate has not

been issued for the time being till the Committee takes

a decision.

7. Considering the order passed by a Co-ordinate Bench

of this Court dated 26.07.2021, the respondent authorities

C/SCA/2363/2023 JUDGMENT DATED: 01/03/2023

are hereby directed to give provisional appointment to

the petitioner to the post of driver, subject to the result

of the Scrutiny Committee. Such order shall be issued

within a period of two months from the date of receipt

of copy of writ of this order.

8. It is, however, 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.

9. As the appointment is being given provisionally

subject to the decision of the Scrutiny Committee

regarding the caste certificate, which is under scrutiny,

the provisional appointment shall stand automatically

terminated if the Scrutiny Committee comes to the

conclusion that the certificate is not a genuine certificate.

It will not be open then for the department to extend

C/SCA/2363/2023 JUDGMENT DATED: 01/03/2023

such provisional appointment under the guise that the

decision of the Scrutiny Committee is open for challenge

before the appropriate forum or this Court.

10. Since the respondent-Corporation had independently

challenged the order passed in Special Civil Application

No.15404 of 2022 & allied matters against which the

Corporation had preferred LPA No.1748 of 2022 and

allied matters, however, today it is reported that the

aforesaid LPA filed by the respondent-Corporation is also

rejected.

11. The petition is allowed to the aforesaid extent. Rule

made absolute accordingly. Direct service is permitted.

(SANDEEP N. BHATT,J) SRILATHA