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Gujarat High Court
Bhupatbhai Ranabhai Shamala vs State Of Gujarat on 9 March, 2026
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
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C/SCA/3125/2026 ORDER DATED: 09/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3125 of 2026
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BHUPATBHAI RANABHAI SHAMALA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR. RAVI L. GARCHAR(16000) for the Petitioner(s) No. 1
MS AISHWARYA CHAUDHARY, AGP for the Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 09/03/2026
ORAL ORDER
1. Heard learned Advocate Mr. Ravi Garchar on behalf of the
petitioner and learned Assistant Government Pleader Ms.
Aishwarya Chaudhary on behalf of the respondent-State.
2. Rule, returnable forthwith. Learned AGP waives service of
rule on behalf of the Respondents.
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
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who was selected as Lok Rakshak - Police Constable, Class -
III, but not getting appointment.
4. Learned Advocate Mr. Ravi Garchar 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
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
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juniors were appointed and also continuity of service and other
benefits.
4.1 Learned Advocate Mr. Ravi Garchar 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.
Ravi Garchar 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. Pathak appearing
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,
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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.
7. Having regard to the same, it is directed that the
respondents shall give provisional appointment to the
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petitioner, to the post of Lok Rakshak - Police Constable,
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 genuineness of the
caste certificate then provisional appointments shall be issued
to the petitioners in the posts referred to herein above and
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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)
SHRIJIT PILLAI
