KARSHAN RAJA MUCHHALversusSTATE OF GUJARAT

     C/SCA/17524/2025                                     ORDER DATED: 06/01/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CIVIL APPLICATION NO.                      17524 of 2025

=====================================================
                 KARSHAN RAJA MUCHHAL
                         Versus
               STATE OF GUJARAT & ANR.
=====================================================
Appearance:
MR HARDIK D MUCHHALA(5634) for the Petitioner(s) No.
1
MR ADITYA PATHAK ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,2
=====================================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                              Date : 06/01/2026

                                  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



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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

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




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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 Mr. Aditya

Pathak for the respondents while he could not dispute



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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. He 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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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




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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.


9.1.            The       petitioner          is       directed         to     cooperate

with the process of scrutiny of the documents by



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 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, she 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)


 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 06/01/2026 18:08:01




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