Gujarat High Court
Poorviben Jagdishbhai Kolcha vs State Of Gujarat on 18 February, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/2033/2025 JUDGMENT DATED: 18/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2033 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE NIRZAR S. DESAI Sd./-
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Approved for Reporting Yes No
✔
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POORVIBEN JAGDISHBHAI KOLCHA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
NIYATI V VAISHNAV(6168) for the Petitioner(s) No. 1
MR SG UDHWANI, GOVERNMENT PLEADER for the Respondent(s) No. 1,2
MR PREMAL R JOSHI(1327) for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 18/02/2025
ORAL JUDGMENT
1. RULE. Learned Assistant Government Pleader waives
service of notice of Rule on behalf of Respondent Nos.1 and 2
and learned Advocate, Mr. Joshi, waives for Respondent No.3.
2. With the consent of learned advocates for the respective
parties, the petition is taken up for final hearing.
3. The prayer in the petition is to issue direction to issue an
appointment order to the petitioner for the post of Female
NEUTRAL CITATION
C/SCA/2033/2025 JUDGMENT DATED: 18/02/2025
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Health Workers Class-III.
4. The case of the petitioner is that pursuant to an
advertisement for recruitment of Female Health Workers Class-
III the petitioner being Scheduled Tribe candidates have
applied for appointments.
5. Ms. Niyati Vaishnav learned counsel for the petitioner would
submit that appointments were orally denied on the ground
that the castes from which the petitioner belong are under
scrutiny of the State Government. Reliance is placed on an
order dated 15.03.2020 passed in Special Civil Application
No.1168 of 2022, which reads as under:
"1 Rule returnable forthwith. Mr.Kurven Desai, learned
Assistant Government Pleader, waives service of rule on
behalf of the respondent - State.
2. Heard Mr.Shalin Mehta, learned Senior Advocate with
Mr.Hemang Shah, learned advocate for the petitioner and
Mr.Kurven Desai, learned Assistant Government Pleader for
the State respondents.
3. The petitioner belongs to the Rabari community, which is
covered under the Scheduled Tribes category. The Gujarat
Public Service Commission, issued an advertisement
No.112/2018-19 on 17.07.2017 for filling up 60 vacant posts
of Police Inspector (Unarmed), Class-II.
NEUTRAL CITATION
C/SCA/2033/2025 JUDGMENT DATED: 18/02/2025
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The petitioner submitted his application and appeared for
the written examination. The petitioner was found eligible to
be appointed to the post of Police Inspector (Unarmed),
Class-II. His name figured at serial no.56 on the select list
prepared on 22.02.2021. No appointment orders have been
issued in the case of the present petitioner, since February,
2021 because of the Caste Certificate controversy pending
consideration before the Scrutiny Committee.
4. Mr.Shalin Mehta, learned Senior Advocate, would submit
that the scrutiny for examining the petitioner's caste
certificate is pending now for more than a year and though
the petitioner has been selected for appointment to the post
of Police Inspector (Unarmed), Class-II, but for the exercise
at the hands of the Scrutiny Committee which is pending, no
appointment orders are being issued. He would rely on an
order passed by this Court in Special Civil Application
No.1858 of 2021.
5. Mr.Kurven Desai, learned Assistant Government Pleader,
would rely on an affidavitin-reply filed in SCA No.1171 of
2022. Reading the affidavit-in-reply would indicate that due
to certain protest and agitations, and by virtue of the
pendency of the issue, caste certificates have not been given
to the Rabari, Bharvad and Charan community living in the
ness areas in the forest of Alech, Gir and Barda of Gujarat.
NEUTRAL CITATION
C/SCA/2033/2025 JUDGMENT DATED: 18/02/2025
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Since the petitioner belong to this area and the issue
pertains to the veracity of the caste of the petitioner who
belong to this area, the Caste Certificate will not be issued
for the time being till the Committee takes a decision.
6. Considering the order of a Co-ordinate Bench of this
Court dated 26.07.2021, the respondent authorities are
hereby directed to give provisional appointment to the
petitioner to the post of Police Inspector (Unarmed), subject
to the result of the Scrutiny Committee. Such order shall be
issued within a period of 02 (two) months from the date of
receipt of the writ of this order. It is 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.
7. The petition is allowed to the aforesaid extent. Rule is
made absolute accordingly. Direct service is permitted."
6. Having heard the learned Advocates for the parties and in
view of the order referred to herein above, this petition is
allowed. The respondent authorities are directed to give
provisional appointments to the petitioner to the post of
NEUTRAL CITATION
C/SCA/2033/2025 JUDGMENT DATED: 18/02/2025
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Female Health Workers Class-III subject to result of the
Scrutiny Committee. Such orders shall be issued within a
period of two months from the date of receipt of writ of this
Court.
7. It is clarified that the appointments of the petitioner would
be provisional and in case, it is found by the Scrutiny
Committee that the certificates of the petitioner are not
genuine, the petitioner will not be entitled to the benefit of
being in provisional service.
8. It is also clarified that if the caste certificates of the
petitioner are found to be genuine, it will be open for the
petitioner to claim their actual appointments from the date of
their juniors and also continuity of service and other benefits.
9. The petition is allowed to the aforesaid extent. Rule is made
absolute accordingly. Direct service is permitted.
Sd./-
(NIRZAR S. DESAI,J)
UMESH/-
