BHAYA KARA MORIversusSTATE OF GUJARAT

     C/SCA/2475/2026                                        ORDER DATED: 26/02/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO.2475 of 2026

=========================================
                              BHAYA KARA MORI
                                    Versus
                           STATE OF GUJARAT & ORS.
=========================================
Appearance :
MR. RAVI L. GARCHAR for the Petitioner.
MR HENIL SHAH, AGP for the Respondent Nos.1,2,3,4
=========================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                              Date : 26/02/2026
                               ORAL ORDER


1.             Heard learned Advocate Mr. Ravi L. Garchar 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    respondents,         more
particularly, the Scrutiny Committee of not verifying the caste
certi<cate issued in favour of the petitioner, which has led to the
petitioner, who is selected for the post of Lokrakshak (Police
Constable) - Class III, but not getting appointment.


4.             Learned advocate for the petitioner would draw the
attention of this Court to an order of learned Co- ordinate Bench



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       C/SCA/2475/2026                          ORDER DATED: 26/02/2026




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 for the petitioner 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, con<rming the
order of the Hon’ble Division Bench. Learned Advocate for the
petitioner 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      for      the
respondents, while could not dispute the fact about orders being
passed by the learned Co-ordinate Bench and whereas, the same


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     C/SCA/2475/2026                              ORDER DATED: 26/02/2026




being con<rmed by the Hon’ble Division Bench, and 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 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
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 post of Lok Rakshak (Police Constable) Class – III, subject to
the <nal 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 clari<ed that in case the Scrutiny Committee
comes to a conclusion before the period of four 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


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      C/SCA/2475/2026                                    ORDER DATED: 26/02/2026




certi<cate, all procedure as contemplated under the law shall be
followed by the respondents.


8.1             It 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
issued to the petitioner on the post 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 to 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 the petitioner 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 for the petitioner submitted that the


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        C/SCA/2475/2026                                                             ORDER DATED: 26/02/2026




petitioner will cooperate with the Scrutiny Committee in the
aforesaid exercise, but, the petitioner 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)


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 26/02/2026 15:44:04




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