Gujarat High Court
Bipinkumar Kantilal Vaghela vs State Of Gujarat on 20 November, 2025
NEUTRAL CITATION
C/SCA/5936/2020 JUDGMENT DATED: 20/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5936 of 2020
With
CIVIL APPLICATION (FOR AMENDMENT) NO. 1 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 5936 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE MAULIK J.SHELAT Sd/-
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Approved for Reporting Yes No
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BIPINKUMAR KANTILAL VAGHELA & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR BHUSHAN B OZA(1072) for the Petitioner(s) No. 1,2,3
MR. SIDDHARTH RAMI, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,3
NOTICE SERVED BY DS for the Respondent(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 20/11/2025
ORAL JUDGMENT
[1] With the consent of the learned advocates appearing for
the respective parties, the present Writ Petition is taken for
hearing.
[2] Heard learned advocate Mr. Bhushan B. Oza for the
petitioners as also learned Asst. Government Pleader Mr.
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C/SCA/5936/2020 JUDGMENT DATED: 20/11/2025
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Siddharth Rami for the respondent - State and its authorities, at
length.
[3] RULE returnable forthwith. Learned AGP Mr. Rami,
waives service of notice of Rule for and on behalf of the
respondents.
[4] The present Writ Petition is filed under Articles 14, 16, 19
and 226 of the Constitution of India seeking following reliefs:
"(A) To issue a writ of mandamus or a writ in the nature of mandamus
or any other appropriate writ, order or direction, directing the
respondents to forthwith appoint petitioners on the post of home guard
in the city of Ahmedabad.
(B) To issue a writ of mandamus or a writ in the (B) nature of
mandamus or any other appropriate writ, order or direction, directing
the respondent no.1 to initiate disciplinary inquiry against respondent
no.2 Commandant General, Home Guards, Gujarat State and all his
subordinate officers responsible for the scam in the appointment of
Home Guards in Ahmedabad in 2016 and 2017 as per the report dated
29.10.2018 made by the very office of Commandant General Home
Guards, Gujarat State under the signature of Shri P.B.Gondia, I.P.S.
and take departmental actions against all officers responsible for the
irregularities and illegalities in the recruitment of home guards in 2016
and 2017 in the city of Ahmedabad as provided by law.
(C) Pending admission, hearing and final disposal of the above Special
Civil Application to direct the respondent no.1 to place on record, the
action taken by it report dated 29.10.2018 made by the very office of
Commandant General Home Guards, Gujarat State under the signature
of Shri P.B.Gondia, I.P.S.
(D) To grant ad-interim relief in terms of Para-32(C) hereinabove.
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(E) The Hon'ble Court may kindly be pleased to grant any other
appropriate relief as the nature circumstances of the case may require.
(F) To award the cost of this petition."
[5] At the outset, learned advocate Mr. Oza, through
Additional Affidavit dated 19.11.2025 of the petitioner, tenders
unconditional apology, thereby, states that there was no ill-
intention either on the part of the petitioners or himself to
mislead the Court by stating that while passing order by the
Division Bench of this Court whereby disposing of Writ Petition
(PIL) No.6 of 2020 as withdrawn, liberty was granted to
petitioner concerned to avail alternative remedy. The aforesaid
Additional Affidavit dated 19.11.2025 is allowed to be submitted
and taken on record.
[5.1] Learned advocate Mr. Oza would state that, at the
relevant point of time, under the instructions of the petitioner
concerned, with a liberty to avail alternative remedy, the
aforesaid PIL was withdrawn but the same was not transpired in
the order, for which, speaking to minutes note was also filed
which was disposed of vide order dated 13.02.2020.
[5.2] Nonetheless, learned advocate Mr. Oza, under the
instructions of his clients, would submit that pursuant to the last
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order passed by this Court dated 11.11.2025 in this matter,
petitioners have received a formal order dated 28.08.2025
issued by the Commandant General, Home Guards, Gujarat
State. Further, under the instructions, learned advocate Mr.
Oza, states that petitioners will report for the duty as soon as
possible.
[6] After going through the explanation coming forth by way
of the aforesaid Additional Affidavit, this Court would not like to
go further deep into the issue raised in its aforesaid order dated
11.11.2025, at the same time, it only caution the petitioners as
well as his learned advocate that in future, they may take due
care while making any statement on oath before this Court.
[7] Having considered the facts and circumstances of the case
and as such, now, principal prayer of the petitioner made in
para 32 (A) of the present petition is redressed as respondent -
Authority issued above referred appointment order in favour of
the petitioners whereby all petitioners will be appointed as
Home Guards in the City of Ahmedabad as per the Rules and
Regulations attached to the services of Home Guards, thereby,
nothing survived in this Writ Petition.
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[8] At this stage, learned AGP Mr. Rami would point out to
this Court that pursuant to the above referred order dated
28.08.2025, petitioners need to approach the District
Commandant, Ahmedabad (East) and on approaching the
aforesaid Officer, formal order of appointment with duty to be
discharged by each petitioner will be issued/given and they shall
have to act accordingly.
[9] It goes without saying that petitioners will have to act as
per the Rules and Regulations of the respondent - Authority and
require to follow / obey all the conditions/duty attached to the
services of Home Guards.
[10] As far as other prayer made in para - 32 (B) made in the
present petition is concerned, prima facie, it appears that very
same relief has been sought in the aforesaid PIL, which appears
to have not been entertained by the Division Bench of this Court
as it was dismissed as withdrawn.
[11] The bare reading of the orders passed in aforesaid PIL
would not remotely suggest that any liberty was reserved in
favour of the petitioner concerned to avail alternative remedy.
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True, present petitioners are not petitioners of aforesaid PIL but
at the same time, fact remains that remaining prayers made in
this petition were part of such PIL, according to my view, when
the Division Bench having not entertained such prayers but
allowed PIL to be withdrawn by the petitioner concerned, rather
observed that "dismissed as withdrawn", this Court is also of the
similar view that such prayer made in this petition cannot be
entertained. Hence, it is hereby rejected.
[12] Thus, in view of the aforesaid facts and circumstances and
subsequent development taken place, there is no need to
continue with this Writ Petition further. Accordingly, other
prayers than prayer 32(A), are not granted and same is hereby
denied.
[13] With the aforesaid, the present petition is partly allowed to
the aforesaid extent. Rule is made absolute accordingly.
[14] As a sequel, connected Civil Application does not survive
and is accordingly, disposed of.
(MAULIK J.SHELAT,J.)
Lalji Desai
