NARENDRAKUMAR VASANTBHAI PARMARversusSTATE OF GUJARAT

     C/SCA/4129/2026                                          ORDER DATED: 24/03/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO.4129 of 2026

=========================================
                       NARENDRAKUMAR VASANTBHAI PARMAR
                                     Versus
                            STATE OF GUJARAT & ORS.
=========================================
Appearance :
NIYATI V VAISHNAV for the Petitioner.
MR PARTH PATEL, AGP for the Respondent Nos.1,2,3,4
MS NIYATI CHAUHAN for the Respondent No.5.
=========================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                               Date : 24/03/2026
                                ORAL ORDER


1.             Heard learned Advocate Ms. Niyati Vaishnav on behalf
of the petitioner and learned Assistant Government Pleader Mr.
Parth Patel on behalf of the respondent-State. Learned advocate
Ms. Niyati Chauhan states that she has instructions to appear for
respondent No.5.            Hence, Registry is directed to accept the
Vakalatnama of learned advocate Ms. Niyati Chauhan.


2.             Rule, returnable forthwith. Learned AGP as well as
learned advocate Ms. Niyati Chauhan waives service of rule on
behalf of the respective respondents.


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 was selected as Live Stock Inspector, Class - III, but
not getting appointment.


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      C/SCA/4129/2026                              ORDER DATED: 24/03/2026




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 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      Mr.     Patel


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     C/SCA/4129/2026                                     ORDER DATED: 24/03/2026




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 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
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 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


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         C/SCA/4129/2026                                                             ORDER DATED: 24/03/2026




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                   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 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 24/03/2026 17:53:41




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