Rahul Devabhai Gadhavi vs State Of Gujarat
2023 Latest Caselaw 1989 Guj

     C/SCA/1433/2023                                JUDGMENT DATED: 01/03/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 1433 of 2023


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE SANDEEP N. BHATT

==========================================================

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 ?

==========================================================
                        RAHUL DEVABHAI GADHAVI
                                 Versus
                           STATE OF GUJARAT
==========================================================
Appearance:
NIYATI V VAISHNAV(6168) for the Petitioner(s) No. 1
MS NIRALI SARDA, AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 1,2,3
==========================================================

    CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                             Date : 01/03/2023

                             ORAL JUDGMENT

1. Rule returnable forthwith. Learned AGP Ms.Nirali

Sarda waives service of notice of rule for and on behalf

C/SCA/1433/2023 JUDGMENT DATED: 01/03/2023

of the respondent - State.

2. Heard Ms.Niyati Vaishnav, learned advocate for the

petitioner and Ms.Nirali Sarda, learned AGP for the

respondent - State.

3. The petitioner belongs to the community which is

covered under the Scheduled Tribes category. The

advertisement for the post of recruitment on the post of

Senior Clerk Class-3 was published, wherein the

petitioner applied, cleared her exam and his name was

published in the merit list of selected candidates.

However, no appointment order has been issued to the

petitioner because of his caste certificate controversy pending consideration before the Scrutiny Committee.

4. Ms.Niyati Vaishnav, learned advocate appearing for

the petitioner would submit that the scrutiny for

examining the petitioner's caste certificate is pending

since long and though the petitioner has been selected

for appointment to the said post but for the exercise at

the hands of the Scrutiny Committee, which is pending,

no appointment order is being issued. He would rely on

C/SCA/1433/2023 JUDGMENT DATED: 01/03/2023

the order passed by this Court in the Special Civil

Application No.1858 of 2021.

5. Ms.Nirali Sarda, 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.

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

of this Court dated 26.07.2021, the respondent authorities

are hereby directed to give provisional appointment to

the petitioners to the respective posts, 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.

C/SCA/1433/2023 JUDGMENT DATED: 01/03/2023

7. 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 their actual appointment from the date of their

juniors and also continuity of service and other benefits.

8. 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

such provisional appointment under the guise that the

decision of the Scrutiny Committee is open for challenge

before the appropriate forum or this Court.

9. Since the respondent-Corporation had independently

C/SCA/1433/2023 JUDGMENT DATED: 01/03/2023

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.

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

made absolute accordingly. Direct service is permitted.

(SANDEEP N. BHATT,J) SRILATHA