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Gujarat High Court
Kaushik Bavanbhai Kodiyatar vs The Ahmedabad Municipal Corporation on 24 March, 2026
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/3301/2026 ORDER DATED: 24/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3301 of 2026
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KAUSHIK BAVANBHAI KODIYATAR
Versus
THE AHMEDABAD MUNICIPAL CORPORATION & ANR.
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Appearance:
MR HARDIK D MUCHHALA(5634) for the Petitioner(s) No.
1
G H VIRK(7392) for the Respondent(s) No. 1
MR AAKASH GUPTA ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 24/03/2026
ORAL ORDER
1. Heard learned advocate Mr. Hardik Muchhala on
behalf of the petitioner, learned advocate Mr. Hamesh
Naidu on behalf of Respondent No. 1, and learned
Assistant Government Pleader Mr. Aakash Gupta on
behalf of Respondent No. 2.
2. Rule, returnable forthwith. Learned advocate Mr.
Hamesh Naidu waives service of rule on behalf of
Respondent No. 1, and learned Assistant Government
Pleader Mr. Aakash Gupta waives service of rule on
behalf of Respondent No. 2.
NEUTRAL CITATION
C/SCA/3301/2026 ORDER DATED: 24/03/2026
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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 Junior
Clerk, Class - III, but not getting appointment.
4. Learned Advocate Mr. Hardik Muchhala 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
NEUTRAL CITATION
C/SCA/3301/2026 ORDER DATED: 24/03/2026
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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 Mr. Hardik Muchhala 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 Mr. Hardik Muchhala 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 appearing
NEUTRAL CITATION
C/SCA/3301/2026 ORDER DATED: 24/03/2026
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for the respondents while he 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
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C/SCA/3301/2026 ORDER DATED: 24/03/2026
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Division Bench.
7. Having regard to the same, it is directed that the
respondents shall give provisional appointment to the
petitioner, to the post of Assistant Junior Clerk,
Class-III, 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
NEUTRAL CITATION
C/SCA/3301/2026 ORDER DATED: 24/03/2026
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genuineness 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. Rule is made absolute to the
above extent. Direct service is permitted.
(NIRZAR S. DESAI,J)
Pallavi
