BALU SAJAN GARCHARversusTHE GENERAL MANAGER (AD.), GSRTC

     C/SCA/3379/2026                              ORDER DATED: 24/03/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO.3379 of 2026

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                        BALU SAJAN GARCHAR
                               Versus
               THE GENERAL MANAGER (AD.), GSRTC & ANR.
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Appearance :
MR HARDIK D MUCHHALA for the Petitioner.
MR HENIL SHAH, AGP for the Respondent No.2.
LEEN K DAVE for the Respondent No.1.
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 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                           Date : 24/03/2026
                            ORAL ORDER


1.             Heard learned Advocate Mr. Hardik D. Muchhala on
behalf of the petitioner and learned Assistant Government Pleader
on behalf of the respondent No.2 and learned advocate Mr. L. K.
Dave for the respondent No.1.


2.             At the outset, learned advocate appearing for the
respondent No.1 has tendered photocopy of the communication
dated 6.1.2026 addressed by GSRTC to the Secretary, Scrutiny
Committee and communication dated 13.1.2026 addressed to the
Divisional Controller, GSRTC by the Member Secretary of the
Scrutiny Committee. The same are taken on record.


3.             Rule    returnable    forthwith.    Learned        Assistant
Government Pleader as well as learned advocate Mr. L. K. Dave
waives service of rule on behalf of the respective respondents.


4.             By way of this petition, the petitioner inter alia


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       C/SCA/3379/2026                                        ORDER DATED: 24/03/2026




challenges        the    inaction   on   part      of   the    respondents,         more
particularly, the Scrutiny Committee of not verifying the caste
certi3cate issued in favour of the petitioner, which has led to the
petitioner, who is selected for the post of Driver - Class 3, but, not
getting appointment.


5.               Learned Advocate for the petitioner would draw the
attention of this Court to an order of learned Co- ordinate Bench
dated 26.07.2021 which has been con3rmed 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 veri3ed the caste certi3cate 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 clari3ed that if the caste certi3cate of the petitioner was
found not to be genuine, the petitioner would not be entitled to
bene3t of provisional appointment. It was further clari3ed that if
the caste certi3cate 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 bene3ts.


5.1.             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, con3rming the
order of the Hon’ble Division Bench. Learned Advocate for the


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     C/SCA/3379/2026                                   ORDER DATED: 24/03/2026




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.


6.             Learned Assistant Government Pleader as well as
learned advocate Mr. L. K. Dave appearing for the respective
respondents, while could not dispute the fact about orders being
passed by the learned Co-ordinate Bench and whereas, the same
being con3rmed 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.


7.             Learned advocate for the petitioner also drew attention
of the Court to the fact that though earlier, in similar set of facts,
may be in respect of di<erent organizations, the Court has passed
several orders based upon order dated 26.7.2021 con3rmed by the
Division Bench. The only di<erence in the instant case is that in
those cases, while disposing of the petitions, the Court had issued
directions to the Scrutiny Committee, but in the instant case, the
Scrutiny     Committee    had   already        vide   communication         dated
13.1.2026 which is produced on record by learned advocate
appearing for the respondent No.1 has returned the original papers
to the GSRTC as the Scrutiny Committee found that those
documents were insu<icient for the purpose of scrutiny of the
Caste Certi3cate.


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      C/SCA/3379/2026                              ORDER DATED: 24/03/2026




7.1             In view of the above, GSRTC is directed to send back all
the original papers related to the Caste Certi3cate to the Scrutiny
Committee latest by 10.4.2026 and the Scrutiny Committee is
further directed to issue individual notices to each of the
petitioners speci3cally asking them to produce the documents
which the Scrutiny Committee requires by granting at least one
month’s time.


7.2             In the meantime, it is directed that the respondent shall
give provisional appointments to the petitioner, to the post of
Driver Class-III subject to the 3nal 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,
but in any case, only after the fact that each of the petitioners may
3le an a<idavit with the GSRTC that pursuant to the notice that the
Scrutiny Committee will issue to the petitioner, they have already
supplied the necessary documents as asked for by the Scrutiny
Committee.        Only upon 3ling the a<idavit that they have already
supplied necessary documents asked for by the Scrutiny Committee
along with the photocopy of their forwarding letter and documents
supplied to the Scrutiny Committee.


8.              It is clari3ed that in case the Scrutiny Committee
comes to a conclusion before the period of four months that the
caste certi3cate 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 clari3ed
that before 3nally deciding as to the genuineness of the caste
certi3cate, all procedure as contemplated under the law shall be


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      C/SCA/3379/2026                                    ORDER DATED: 24/03/2026




followed by the respondents.


8.1             It is   further   clari3ed        that in case the Scrutiny
Committee does not take any decision as regards the genuineness
of the caste certi3cate 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 certi3cate of the
petitioner then;


(A)             in case if the caste certi3cate 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 certi3cate is found to be genuine, then, it
will be open for the petitioner to claim seniority and all other
bene3ts 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
petitioner will cooperate with the Scrutiny Committee in the


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       C/SCA/3379/2026                                                              ORDER DATED: 24/03/2026




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 24/03/2026 17:54:37




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