SURPALSINH ARJUNBHAI MALIVADversusSTATE OF GUJARAT

     C/SCA/17218/2025                                         ORDER DATED: 20/01/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO.17218 of 2025

=========================================
                        SURPALSINH ARJUNBHAI MALIVAD
                                    Versus
                           STATE OF GUJARAT & ORS.
=========================================
Appearance :
NIYATI V VAISHNAV for the Petitioner.
MS KINJAL VYAS, AGP for the Respondent Nos.1,2
MR PREMAL R JOSHI for the Respondent No.3.
=========================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                              Date : 20/01/2026
                               ORAL ORDER


1.             Heard learned Advocate Ms. Niyati Vaishnav on behalf

of the petitioner, learned advocate Mr. Premal R. Joshi for the

respondent No.3 and learned Assistant Government Pleader on

behalf of the respondent Nos.1 & 2 - State.



2.             Rule     returnable      forthwith.      Learned        advocate         Mr.

Premal Joshi waives service of rule on behalf of respondent No.3

and learned AGP waives service of rule on behalf of the respondent

Nos.1 & 2 - 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

certi<cate issued in favour of the petitioner, which has led to the


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      C/SCA/17218/2025                        ORDER DATED: 20/01/2026




petitioner who was selected as Live Stock Inspector Class-III but

not getting appointment.



4.              Learned Advocate Ms. Vaishnav would         draw the

attention of this Court to an order of learned Co-ordinate Bench

dated 26.07.2021 which has been con<rmed 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 veri<ed the caste certi<cate 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 clari<ed that if the caste certi<cate of the petitioner was

found not to be genuine, the petitioner would not be entitled to

bene<t of provisional appointment. It was further clari<ed that if

the caste certi<cate 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 bene<ts.



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



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      C/SCA/17218/2025                                      ORDER DATED: 20/01/2026




Bench had been challenged and whereas vide said order, the

Hon’ble Court had also rejected the challenge, con<rming 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.



5.              Learned Assistant Government Pleader Ms. Kinjal Vyas

and    learned       advocate   Mr.     Premal      Joshi    appearing       for      the

respondents while they could not dispute the fact about orders

being passed by the learned Co-ordinate Bench and whereas the

same being con<rmed 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 con<rmed by Hon’ble

Division Bench was passed in similar set of facts and therefore the



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      C/SCA/17218/2025                                        ORDER DATED: 20/01/2026




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 con<rmed 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 Live Stock Inspector Class-III subject to the <nal

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 clari<ed that in case the Scrutiny Committee

comes to a conclusion before the period of three months that the

caste certi<cate 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 clari<ed

that before <nally deciding as to the genuineness of the caste

certi<cate all procedure as contemplated under the law shall be

followed by the respondents.



8.1             If   is   further   clari<ed        that in    case the Scrutiny

Committee does not take any decision as regards the genuineness

of the caste certi<cate then provisional appointments shall be



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        C/SCA/17218/2025                                                              ORDER DATED: 20/01/2026




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 certi<cate of the

petitioner then (A) in case if the caste certi<cate 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 certi<cate is found to be genuine then

it will be open for the petitioner to claim seniority and all other

bene<ts 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)


SAVARIYA

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 20/01/2026 17:39:02




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