BALU NARANBHAI CHAVDAversusSTATE OF GUJARAT

       C/SCA/1130/2026                                         ORDER DATED: 02/02/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 1130 of 2026

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                              BALU NARANBHAI CHAVDA
                                        Versus
                              STATE OF GUJARAT & ORS.
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Appearance:
NIYATI V VAISHNAV(6168) for the Petitioner(s) No. 1
MR MITUL GAUTAM, AGP for the Respondent(s) No. 1,2
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     CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                     Date : 02/02/2026

                                       ORAL ORDER


1.      Heard learned Advocate Ms. Niyati Vaishnav on behalf
of the petitioner and learned Assistant Government Pleader Mr.
Mitul Gautam 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 who was selected as Junior Clerk, Class - III, but
not getting appointment.


4.     Learned           Advocate      Ms.      Vaishnav        would       draw         the


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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 Ms. Vaishnav 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 Ms.
Vaishnav 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.



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5.   Learned           Assistant     Government        Pleader        Mr.      Gautam
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, 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
petitioner, to the post of 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

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       C/SCA/1130/2026                                                   ORDER DATED: 02/02/2026




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 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
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PILLAI SHRIJIT P(HC01400), PRIVATE SECRETARY, at High Court of Gujarat on 02/02/2026 18:10:12


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