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High Court of Gujarat

RAKESH KARMANBHAI KARMATAversusSTATE OF GUJARAT

Decided
Disposal
58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH

Holding

The Court held that, following the 2021 precedent, the respondents must grant provisional appointment to the petitioner subject to the Scrutiny Committee’s final decision on the caste certificate.

Summary

The petitioner, Rakesh Karmata, challenged the State of Gujarat for not verifying his caste certificate, which prevented his appointment as Lok Rakshak – Police Constable, Class‑III, despite being selected. He relied on a prior order of the Co‑ordinate Bench dated 26 July 2021, affirmed by a Division Bench on 25 November 2021, which directed provisional appointment when verification was delayed. The State argued that a comprehensive exercise was pending before the Division Bench and sought more time. The Court held that the earlier precedent was binding and ordered the respondents to grant provisional appointment within three months, subject to the Scrutiny Committee’s final determination on the certificate’s genuineness. The order clarified that if the certificate is later found not genuine, the appointment must be terminated, whereas a genuine certificate entitles the petitioner to seniority and service benefits. The petition was consequently disposed.

Issues considered

  • Whether the State's failure to verify the petitioner’s caste certificate within a reasonable time obliges it to grant provisional appointment.
  • Whether the earlier judgments of the Co‑ordinate Bench and Division Bench are binding on the present petition.
  • What legal effect follows if the Scrutiny Committee later declares the caste certificate not genuine.

Subjects

  • caste certificate
  • provisional appointment
  • Scrutiny Committee
  • reservation
  • service continuity
  • Police Constable appointment
  • precedent

Judgment

     C/SCA/3661/2026                                     ORDER DATED: 16/03/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/SPECIAL CIVIL APPLICATION NO.                       3661 of 2026

=====================================================
              RAKESH KARMANBHAI KARMATA
                        Versus
               STATE OF GUJARAT & ORS.
=====================================================
Appearance:
MR HARDIK D MUCHHALA(5634) for the Petitioner(s) No.
1
MR HENIL SHAH ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,3,4
=====================================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                             Date : 16/03/2026

                                 ORAL ORDER


1.     Heard       learned     Advocate           Mr.Hardik      Muchhala           on

behalf       of        the   petitioner           and   learned       Assistant

Government Pleader Mr. Henil Shah on behalf of the

respondent-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



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     C/SCA/3661/2026                                         ORDER DATED: 16/03/2026




of   not     verifying          the   caste          certificate          issued        in

favour      of     the    petitioner,               which    has     led      to       the

petitioner who was selected as Lok Rakshak – Police

Constable, Class - III, but not getting appointment.


4.    Learned Advocate Mr. Hardik 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

benefit of provisional appointment. It was further

clarified that if the caste certificate was found




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     C/SCA/3661/2026                                          ORDER DATED: 16/03/2026




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 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         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 appearing

for the respondents while he could not dispute the

fact about orders being passed by the learned Co-

ordinate Bench and whereas the same being confirmed



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      C/SCA/3661/2026                                       ORDER DATED: 16/03/2026




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 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



                                      Page 4 of 6
      C/SCA/3661/2026                                         ORDER DATED: 16/03/2026




petitioner,             to    the    post    of       Lok    Rakshak       –    Police

Constable, Class-III, subject to the final 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        clarified      that          in     case    the      Scrutiny

Committee comes to a conclusion before the period of

three 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



                                       Page 5 of 6
          C/SCA/3661/2026                                                          ORDER DATED: 16/03/2026




  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. 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 16/03/2026 17:59:53




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