VIVEK DANABHAI SINDHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Shri Mehul Vakhariya on behalf of the petitioners and learned Assistant Government Pleader on behalf of the respondents.

(2.) By way of these petitions the petitioners inter alia challenge the inaction on part of the respondents more particularly the Scrutiny Committee of not verifying the caste certificates issued in favour of the petitioners, which has led to the petitioners who were selected as Police Constable ( Armed), Police Constable ( Unarmed) and Jail Sepoy not getting appointment.

(3.) Learned Advocate Shri Vakhariya would draw the attention of this Court to an order of learned Co-ordinate Bench dtd. 26/7/2021 which has been confirmed by Hon'ble Division Bench vide an order dtd. 25/11/2021 and whereas learned Advocate would submit that in a similar scenario, since the Scrutiny Committee had not verified the caste certificates 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.