C/SCA/15253/2025 ORDER DATED: 27/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15253 of 2025 ========================================================== NIKITA TULSIDAS RATHWA Versus THE HIGH COURT OF GUJARAT & ANR. ========================================================== Appearance: NIYATI V VAISHNAV(6168) for the Petitioner(s) No. 1 MS KINJAL VYAS, GOVERNMENT PLEADER for the Respondent(s) No. 2 LAW OFFICER BRANCH(420) for the Respondent(s) No. 1 MR. R.D.KINARIWALA(6146) for the Respondent(s) No. 1 ========================================================== CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 27/11/2025 ORAL ORDER 1. Heard learned Advocate Ms. Niyati Vaishnav on behalf of the petitioner, learned advocate Mr. Kinariwala for the respondent No.1 and learned Assistant Government Pleader on behalf of the respondent No.2 – State. 2. Rule returnable forthwith. Learned advocate Mr. Kinariwala waives service of rule on behalf of the respondent no. 1 and learned AGP waives service of rule on behalf of the respondent no. 2 – 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 was selected as Gujarati Stenographer, Grade-II, but not getting appointment. Page 1 of 6 C/SCA/15253/2025 ORDER DATED: 27/11/2025 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 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 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 Coordinate 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 Ms. Vaishnav would submit that C/SCA/15253/2025 ORDER DATED: 27/11/2025 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. 4.2 Learned Advocate, Ms. Vaishnav, under the instructions, further submitted that if, the petitioner is granted provisional appointment then, she is ready and willing to file an undertaking to the effect that the same shall not confer any right in her favour and the same shall be subject to the final outcome of this petition. 5. Learned Assistant Government Pleader Ms. Vyas and learned advocate Mr. Kinariwala appearing for the respondents while they 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. 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 C/SCA/15253/2025 ORDER DATED: 27/11/2025 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 petitioner, to the posts of Gujarati Stenographer, Grade-II, 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. Page 4 of 6 C/SCA/15253/2025 ORDER DATED: 27/11/2025 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 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 open to the respondents to either terminate the services of the petitioner forthwith or not to extend her provisional appointment further; (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 her from the date, when juniors to the present petitioner had been appointed on the post in question; 9. With the aforesaid directions, present petition stands disposed of. The petitioner shall file the undertaking, as referred to herein above, within the period of one week, from today. Rule is made absolute to the above extent. C/SCA/15253/2025 ORDER DATED: 27/11/2025 Direct service is permitted. (NIRZAR S. DESAI,J) UMESH/- Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 27/11/2025 18:22:55