NITINKUMAR RUDABHAI CHAVDAversusTHE GENERAL MANAGER (AD), GSRTC

     C/SCA/1069/2026                                  ORDER DATED: 30/01/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 1069 of 2026

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                  NITINKUMAR RUDABHAI CHAVDA & ORS.
                                Versus
                THE GENERAL MANAGER (AD), GSRTC & ANR.
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Appearance:
MR. RAVI L. GARCHAR(16000) for the Petitioner(s) No. 1,2,3
MR HS MUNSHAW(495) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                             Date : 30/01/2026

                              ORAL ORDER


1. Heard learned Advocate Mr. Hardik D. Muchhala on
behalf     of    the   petitioners    and       learned     Advocate,           Mr.
Munshaw, for the Respondent.


2. Rule, returnable forthwith. Learned Advocate, Mr.
Munshaw,          waives   service    of       rule   on   behalf       of      the
Respondent.


3. By way of this petition, the petitioners 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 petitioners, which
has led to the petitioners, who is selected for the post of
Driver, Class 3, but, not getting appointment.


4. Learned Advocate Mr. Hardik D. Muchhala would draw


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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 petitioners 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 petitioners was found not to be genuine, the petitioners
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 petitioners 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 D. 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 D. Muchhala would
submit that since the issue in question in the petition before


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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 Advocate for the respondent, while could not
dispute the fact about orders being passed by the learned
Co-ordinate Bench and whereas, the same being confirmed
by the Hon’ble Division Bench, and would submit that the
Respondent 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. He would further submit that in
any case, if, similar orders were to be passed then some
more time may be granted to the Respondent.


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


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respondents shall give provisional appointment to the
petitioners, to the post of Driver, Class 3, subject to the final
decision taken by the Scrutiny Committee. Such order shall
be issued by the respondents within a period of four
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 four months that the
caste certificate produced by the petitioners was not
genuine then the respondents are not required to give
provisional appointment to the present petitioners. 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 on the post
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 petitioners
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 petitioners or not to further
extend provisional appointment, (B) if the caste certificate is


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          C/SCA/1069/2026                                                   ORDER DATED: 30/01/2026




  found to be genuine, then, it will be open for the petitioners
  to claim seniority and all other benefits including, but not
  limited to, continuity of service etc., as would be available to
  the petitioners from the date, when juniors to the present
  petitioners had been appointed to the post in question.


  9. With the aforesaid directions, present petition stands
  disposed of.


  9.1. The petitioners is directed to cooperate with the process
  of     scrutiny           of     the      documents              by      producing             original
  documents, as and when called by the Scrutiny Committee.


  9.1.1. Learned Advocate, Mr. Muchhala, submitted that the
  petitioners will cooperate with the Scrutiny Committee in
  the aforesaid exercise, but, the petitioners may be informed
  about the date and time, on which to appear before the
  Scrutiny Committee in advance, by way of speed post,
  which shall be done by the Committee. Rule is made
  absolute to the above extent. Direct service is permitted.


                                                                                (NIRZAR S. DESAI,J)
  UMESH/-


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 30/01/2026 16:28:36




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