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High Court of Gujarat

HITESH BHIMABHAI ULVAversusSTATE OF GUJARAT

Decided
Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The court ordered that the respondents grant the petitioners a provisional appointment within three months, subject to the Scrutiny Committee’s final decision on the caste certificate.

Summary

The petitioners, Hitesh Bhimabhai Ulva and another, were selected as Jail Sepoy (Class‑III) but were not appointed because the Scrutiny Committee had not yet verified their caste certificate. They invoked a prior judgment (Special Civil Application No. 1858 of 2021, affirmed by a Division Bench on 25‑Nov‑2021) where a similar delay led the court to order a provisional appointment. The State argued that the matter was pending before the Division Bench and sought more time. The High Court held that the earlier decision was binding and directed the respondents to grant the petitioners a provisional appointment within three months, subject to the final determination of the Scrutiny Committee on the genuineness of the certificate. The order also set out the consequences if the certificate is later found genuine or not, and disposed of the petition.

Issues considered

  • Whether the High Court should order a provisional appointment when the Scrutiny Committee fails to verify a caste certificate within a reasonable time.
  • Whether the earlier judgment of the Co‑ordinate Bench, confirmed by the Division Bench, is binding on the present case.

Subjects

  • caste certificate
  • provisional appointment
  • Scrutiny Committee
  • reservation
  • service appointment
  • judicial precedent
  • Gujarat

Judgment

     C/SCA/1132/2026                                      ORDER DATED: 02/02/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CIVIL APPLICATION NO.                       1132 of 2026

=====================================================
             HITESH BHIMABHAI ULVA & ANR.
                         Versus
                STATE OF GUJARAT & ORS.
=====================================================
Appearance:
MR. RAVI L. GARCHAR(16000) for the Petitioner(s) No.
1,2
MR MITUL GAUTAM ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,4
=====================================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                              Date : 02/02/2026

                                   ORAL ORDER

1.             Heard learned Advocate Mr. Ravi Garchar on

behalf       of        the    petitioner           and   learned       Assistant

Government Pleader Ms. Nalanda D. Acharya 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



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     C/SCA/1132/2026                                        ORDER DATED: 02/02/2026




of   not     verifying         the   caste          certificate         issued         in

favour      of     the    petitioner,              which    has       led    to       the

petitioner who was selected as Jail Sepoy, Class -

III, but not getting appointment.


4.             Learned Advocate Mr. 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




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      C/SCA/1132/2026                                          ORDER DATED: 02/02/2026




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.     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. 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

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



                                         Page 3 of 6
      C/SCA/1132/2026                                   ORDER DATED: 02/02/2026




confirmed         by     Hon’ble     Division       Bench,     would      submit

that       the          State   is      contemplating          to      have       a

comprehensive             exercisemore        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



                                      Page 4 of 6
      C/SCA/1132/2026                                       ORDER DATED: 02/02/2026




appointment to the petitioner, to the post of Jail

Sepoy, 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

petitioner in the posts referred to herein above and

whereas        after      the    Scrutiny          Committee        comes         to   a



                                     Page 5 of 6
         C/SCA/1132/2026                                                         ORDER DATED: 02/02/2026




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


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PALLAVIBEN PRABHUDAS PANCHAL(HC01403), PRIVATE SECRETARY, at High Court of Gujarat on 02/02/2026 17:15:59




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