Gujarat High Court
Ajitbhai Joraji Bhil vs The State Of Gujarat on 17 April, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/4916/2025 JUDGMENT DATED: 17/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4916 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE NIRZAR S. DESAI
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Approved for Reporting Yes No
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AJITBHAI JORAJI BHIL
Versus
THE STATE OF GUJARAT & ORS.
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Appearance:
NIYATI V VAISHNAV(6168) for the Petitioner(s) No. 1
MR. ADITYA DAVDA, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,2
MR HS MUNSHAW(495) for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 17/04/2025
ORAL JUDGMENT
1. Heard learned Advocate Ms. Niyati Vaishnav on behalf of the
petitioner, learned Assistant Government Pleader on behalf of
the respondent No.1 and 2 - State and learned advocate Mr.
Chauhan for learned advocate H. S. Munshaw for the
respondent No.3.
2. Rule returnable forthwith. Learned AGP waives service of rule
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on behalf of the respondents No. 1 and 2 and learned advocate
Mr. Munshaw waives service of rule on behalf of the respondent
no. 3.
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 for Driver but not getting appointment.
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
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C/SCA/4916/2025 JUDGMENT DATED: 17/04/2025
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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.
5. Learned Assistant Government Pleader Mr. Davda and learned
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advocate Mr. Munshaw appearing for the respondents while they
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.
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7. Having regard to the same, it is directed that the respondents
shall give provisional appointment to the petitioner, to the posts
of Driver 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.
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.
8.1 It is further clarified that in case the Scrutiny Committee
does not take any decision as regards the genuineness of the
caste certificate then provisional appointments shall be issued to
the petitioners in the posts referred to herein above and whereas
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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.
Rule is made absolute to the above extent. Direct service is
permitted
(NIRZAR S. DESAI,J)
VARSHA DESAI
