MAYUR DEVRAJBHAI CHHELANAversusSTATE OF GUJARAT

     C/SCA/940/2026                                    ORDER DATED: 29/01/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CIVIL APPLICATION NO.940 of 2026

=========================================
                       MAYUR DEVRAJBHAI CHHELANA
                                  Versus
                         STATE OF GUJARAT & ORS.
=========================================
Appearance :
MR HARDIK D MUCHHALA for the Petitioner.
ADITYA DAVDA, AGP for the Respondents.
=========================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                            Date : 22/01/2026
                             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   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 Lokrakshak Jail Sepoy,

Class - III, but, not getting appointment.




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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

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



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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 she could not dispute 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.

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 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 Lokrakshak Jail Sepoy, 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 regards the genuineness

of the caste certificate then provisional appointments shall be

issued to the petitioner 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


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   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 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 he 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 29/01/2026 17:41:54




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