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Gujarat High Court
Dhaval Jejabhai Toliya vs Rajkot Municipality Corporation on 2 April, 2026
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/4530/2026 ORDER DATED: 02/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO.4530 of 2026
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DHAVAL JEJABHAI TOLIYA
Versus
RAJKOT MUNICIPALITY CORPORATION & ANR.
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Appearance :
NIYATI V VAISHNAV for the Petitioner.
MR AAKASH GUPTA, AGP for the Respondent No.2.
MR YOGI K GADHIA for the Respondent No.1.
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 02/04/2026
ORAL ORDER
1. Heard learned advocate Ms. Niyati Vaishnav on behalf
of the petitioners, learned Assistant Government Pleader Mr.
Aakash Gupta on behalf of the respondent No.2 - State and learned
advocate Mr. Yogi K. Gadhia on behalf of the respondent no.1.
2. By way of this petition, the petitioner has prayed for
issuance of the writ of mandamus inter alia for directing the
respondent to appoint the petitioner as Medical Officer.
3. Learned advocate Mr. Yogi Gadhia appearing for
respondent No.1 submitted that they have filed affidavit-in-reply
and the Scrutiny Committee has sent the file to the Vigilance Cell
for verification and the respondent No.1 - Corporation has been
vigilant all along. He further submitted that unless decision is
received, appointing the petitioner would not be possible.
4. Considering the submissions made by learned
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C/SCA/4530/2026 ORDER DATED: 02/04/2026
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advocates for the parties, it would appear that the issue in question
i.e. non-verification of the caste certificates of the present
petitioner has resulted in the petitioner not being appointed and
whereas, learned advocate Ms. Vaishnav would rely upon various
orders passed by this Court whereby persons similarly situated to
the present petitioner have been directed to be appointed albeit
after reasonable period of time whereby the Scrutiny Committee
would be able to scrutinize the caste certificate of the present
petitioner. It would appear that such orders passed by the learned
Coordinate Benches including this Court have been confirmed by
the Hon'ble Division Bench of this Court.
5. Considering that in cases of similarly situated persons
whereby this Court has directed the respondents to provisionally
appoint the petitioners subject to certain time being granted to the
Scrutiny Committee, in the considered opinion of this Court, such
orders are required to be passed in the present petition as well.
6. At this stage, this Court seeks to rely upon paragraph
nos. 5 of the order passed by this Court dated 24.12.2021 in
Special Civil Application No. 16851 of 2020 and whereas, it would
appear that the said order has been confirmed by the Hon'ble
Division Bench of this Court vide order dated 08.11.2022 in Letters
Patent Appeal No. 973 of 2022 and allied matters. Paragraph no.5
is reproduced herein below for benefit :-
"5. 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
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C/SCA/4530/2026 ORDER DATED: 02/04/2026
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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. Having
regard to the same, it is directed that the
respondents shall give provisional appointment to
the petitioners, to the posts of (A) Police Constable
(Armed), (B) Police Constable (Unarmed) and (C)
Jail Sepoy 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."
6. Having regard to the observations as above, in the
considered opinion of this Court, the directions as issued at
paragraph nos. 6 and 6.1 of the above referred order requires to be
passed in the present petition also. Hence, the following directions
are passed :-
(I) The Scrutiny Committee is at liberty to pass
appropriate orders albeit after giving appropriate opportunity to
the petitioner within a period of three months from the date of
receipt of this order and whereas, the petitioner is also directed to
cooperate with the Scrutiny Committee.
(II) In case the Scrutiny Committee fails to issue a final
order as regards the caste certificate of the present petitioner, then
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the respondent Corporation is directed to issue provisional
appointment orders to the present petitioner.
(III) In case after the order of provisional appointment, if
the caste certificate of the present petitioner is not found to be
genuine, then it would be open for the respondents to forthwith
terminate the services of the petitioner or not further extend the
provisional appointments.
(IV) In case the caste certificate of the present petitioner is
found to be genuine by the Scrutiny Committee, then it would be
open for the respective petitioner to claim seniority and all other
benefits including, but, not limited to continuity of service etc. as
would have been available to them if they had been appointed at
the relevant point of time, more particularly, taking into
consideration a date when juniors of the petitioner have been
appointed.
7. With these observations and directions, the present
petition stands disposed of as allowed.
(NIRZAR S. DESAI,J)
SAVARIYA
