Gujarat High Court
Kanabhai Rajabhai Ulva vs State Of Gujarat on 3 April, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/11260/2024 JUDGMENT DATED: 03/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11260 of 2024
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE NIRZAR S. DESAI Sd./-
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Approved for Reporting Yes No
✔
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KANABHAI RAJABHAI ULVA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
NIYATI V VAISHNAV(6168) for the Petitioner(s) No. 1
MS TANUSHREE SHRIMAL, GOVERNMENT PLEADER for the Respondent(s) No. 1,2
NOTICE SERVED BY DS for the Respondent(s) No. 3
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CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 03/04/2025
ORAL JUDGMENT
1. Heard learned Advocate Ms. Niyati Vaishnav on behalf of
the petitioner and learned Assistant Government Pleader on
behalf of the Respondents.
2. RULE, returnable forthwith. Learned AGP waives service
of rule on behalf of the Respondents.
3. By way of this petition, the petitioner inter alia challenges
the inaction on part of the respondents more particularly the
Scrutiny Committee of not verifying the caste certificate issued
in favour of the petitioner, which has led to the petitioner who
was selected as Assistant Engineer (Civil), but not getting
appointment.
NEUTRAL CITATION
C/SCA/11260/2024 JUDGMENT DATED: 03/04/2025
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4. Learned Advocate Ms. Vaishnav would draw the attention of
this Court to an order of learned Co-ordinate Bench dated
26.07.2021 which has been confirmed by Hon'ble Division
Bench vide an order dated 25.11.2021 and whereas learned
Advocate would submit that in a similar scenario, since the
Scrutiny Committee had not verified the caste certificate within
reasonable time, the learned Co-ordinate Bench was pleased
to direct the respondent authorities to give provisional
appointment to the petitioner therein more particularly within
a period of two months from the date of receipt of writ of the
Court and whereas it was also clarified that if the caste
certificate of the petitioner was found not to be genuine, the
petitioner would not be entitled to benefit of provisional
appointment. It was further clarified that if the caste certificate
was found genuine it will be open for the petitioner to claim
actual appointment from the date his juniors were appointed
and also continuity of service and other benefits.
4.1 Learned Advocate Ms. Vaishnav would also draw the
attention of this Court to order dated 25.11.2021 passed by
Hon'ble Division Bench in Letters Patent Appeal No. 984 of
2021 whereby the above-referred order of learned Co-ordinate
Bench had been challenged and whereas vide said order, the
Hon'ble Court had also rejected the challenge, confirming the
order of the Hon'ble Division Bench. Learned Advocate Ms.
Vaishnav would submit that since the issue in question in the
petition before the Hon'ble Co-ordinate Bench and the subject
in issue in the present petition being the same, this Court may
pass similar order in this petition also.
NEUTRAL CITATION
C/SCA/11260/2024 JUDGMENT DATED: 03/04/2025
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5. Learned Assistant Government Pleader Ms. Tanushree
Shrimal appearing for the respondents could not dispute the
fact about orders being passed by the learned Co-ordinate
Bench and whereas the same being confirmed by Hon'ble
Division Bench, would submit that the State is contemplating
to have a comprehensive exercise more particularly
considering the fact that certain aspects of the issue in dispute
are pending before the Hon'ble Division Bench. They would
further submit that in any case if similar orders were to be
passed then some more time may be granted to the
Government.
6. Having regard to the submissions made by learned
Advocates for the parties, in the considered opinion of this
Court, order dated 26.07.2021 passed by learned Co-ordinate
Bench in Special Civil Application No. 1858 of 2021 confirmed
by Hon'ble Division Bench was passed in similar set of facts
and therefore the decision would be binding on this Court and
whereas judicial propriety demands that this Court should also
follow the same view as laid down by learned Co-ordinate
Bench confirmed by Hon'ble Division Bench.
7. Having regard to the same, it is directed that the
respondents shall give provisional appointment to the
petitioner on the posts of Assistant Engineer (Civil), subject to
the final decision taken by the Scrutiny Committee. Such order
shall be issued by the respondents within a period of three
months from the date of receipt of writ of this order.
NEUTRAL CITATION
C/SCA/11260/2024 JUDGMENT DATED: 03/04/2025
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8. It is clarified that in case the Scrutiny Committee comes to a
conclusion before the period of three months that the caste
certificate produced by the petitioner was not genuine then the
respondents are not required to give provisional appointment
to the present petitioner. In this regard that it is further
clarified that before finally deciding as to the genuineness of
the caste certificate all procedure as contemplated under the
law shall be followed by the respondents. of the caste
certificate then provisional appointments shall be issued to the
petitioners in the posts referred to herein above and whereas
after the Scrutiny Committee comes to a conclusion, as
regards the veracity and genuineness of the caste certificate of
the petitioner then (A) in case if the caste certificate is not
found to be genuine it would be for the respondents to
forthwith terminate the services of the petitioner or not further
extend provisional appointment (B) if the caste certificate is
found to be genuine then it will be open for the petitioner to
claim seniority and all other benefits including but not limited
to continuity of service etc as would be available to him from
the date when juniors to the present petitioner had been
appointed to the post in question.
9. With the aforesaid directions, present petition stands
disposed of.
Sd./-
(NIRZAR S. DESAI,J)
UMESH/-
