LAKHABHAI MERAMANBHAI CHAVDAversusTHE GENERAL MANAGER (AD.),GSRTC

     C/SCA/1081/2026                                 ORDER DATED: 30/01/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 1081 of 2026

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                   LAKHABHAI MERAMANBHAI CHAVDA
                               Versus
               THE GENERAL MANAGER (AD.),GSRTC & ANR.
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Appearance:
MR HARDIK D MUCHHALA(5634) for the Petitioner(s) No. 1
MR AAKASH GUPTA, GOVERNMENT PLEADER for the Respondent(s) No.
2
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 petitioner and learned Assistant Government
Pleader on behalf of the respondents – State.


2.    Rule,            returnable     forthwith.    Learned         Assistant
Government Pleader waives service of rule on behalf of the
respondent –State.


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 is selected for the post of Helper, Class 3,
but, not getting appointment.




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    C/SCA/1081/2026                        ORDER DATED: 30/01/2026




4. Learned Advocate Mr. Hardik D. 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 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 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


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     C/SCA/1081/2026                              ORDER DATED: 30/01/2026




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         for       the
respondents, 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 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. She
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.


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      C/SCA/1081/2026                                     ORDER DATED: 30/01/2026




7. Having regard to the same, it is directed that the
respondents shall give provisional appointment to the
petitioner, to the post of Helper, 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 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 petitioner 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 petitioner
then; (A) in case if the caste certificate is not found to be
genuine, it would be for the respondents to forthwith


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         C/SCA/1081/2026                                                    ORDER DATED: 30/01/2026




 terminate the services of the petitioner or not to 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
 the petitioner 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.


 9.1. The petitioner 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
 petitioner will cooperate with the Scrutiny Committee in the
 aforesaid exercise, but, the petitioner 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 16:28:54




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