High Court of Gujarat

PITHABHAI PACHABHAI CHAVDAversusSTATE OF GUJARAT

Decided: 9 January 2026
Disposal: 46-ANY OTHER MODE @ FH
Bench: NIRZAR S DESAI

Holding

The Court held that, following the binding precedent, the petitioner is entitled to a provisional appointment subject to the final determination of the caste certificate's genuineness.

Summary

The petitioner, Pithabhai Pachabhai Chavda, challenged the State of Gujarat for failing to verify his caste certificate, which prevented his appointment as a Primary Teacher (Vidhya Sahayak). He relied on a prior order of the Gujarat High Court's Co‑ordinate Bench (Special Civil Application No. 1858 of 2021) and its confirmation by a Division Bench, which directed provisional appointment when verification was delayed. The Court examined whether that precedent was binding and whether the petitioner was entitled to a provisional appointment pending the Scrutiny Committee's final decision on the certificate's genuineness. It held that the earlier judgment was indeed binding and that the petitioner must be given a provisional appointment, subject to the Committee’s eventual finding. The order also stipulated that if the certificate is later found not genuine, the appointment may be terminated, whereas a genuine certificate would entitle the petitioner to seniority and service benefits from the date of his juniors' appointment. The petition was consequently disposed with directions for the respondents to issue the provisional appointment within four months.

Issues considered

Whether the delay by the Scrutiny Committee in verifying the caste certificate warrants a provisional appointment to the petitioner.
Whether the precedent set in Special Civil Application No. 1858 of 2021, affirmed by the Division Bench, is binding on the present petition.
What are the consequences for the petitioner if the caste certificate is later determined to be not genuine.

Subjects

caste certificate verification
provisional appointment
public service recruitment
Scrutiny Committee
precedent
seniority
service continuity

Judgment

    C/SCA/16965/2025                              ORDER DATED: 09/01/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 16965 of 2025

==========================================================
                       PITHABHAI PACHABHAI CHAVDA
                                  Versus
                         STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR HARDIK D MUCHHALA(5634) for the Petitioner(s) No. 1
MS DHRUTI PANDYA, GOVERNMENT PLEADER for the Respondent(s) No.
1,2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                             Date : 09/01/2026

                              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 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 is selected for the post
of Vidhya Sahayak (Primary Teacher), Class - III, but, not getting
appointment.


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


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    C/SCA/16965/2025                                     ORDER DATED: 09/01/2026




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 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 Ms. Dhruti Pandya for the
respondents while she 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. She would further submit



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    C/SCA/16965/2025                                       ORDER DATED: 09/01/2026




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 posts of Vidhya
Sahayak (Primary Teacher), Class - III, 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 petitioners in the
posts referred to herein above and whereas after the Scrutiny



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       C/SCA/16965/2025                                                    ORDER DATED: 09/01/2026




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.


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, he 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 09/01/2026 17:19:39




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