KINJALKUMAR CHANDUBHAI RANA Vs. COMISSIONER

JUDGEMENT

(1.) At the request of learned counsels for the parties, the petitions are being disposed of finally at the admission stage.

(2.) The present batch of six petitions involves common questions of facts and law. The petitioners of Special Civil Application No. 13881 of 2016 have sought termination of the respondent Nos. 4 to 8 who are the petitioners in the other five petitions, working on the post of Police Sub Inspector (Scheduled Tribe Category) on the ground that they did not hold valid and genuine caste certificates, and therefore, they were ineligible for the appointment of said post in the category of Scheduled Tribe. The petitioners of the other five petitions have prayed to set aside the order dated 06.08.2016 passed by the respondent No. 1 - Commissioner Tribal Development Department, Gujarat State, whereby he has cancelled the caste certificates of the petitioners on the basis of the report of the Scrutiny Committee, and have further prayed to restrain the respondent No. 2 - The Gujarat Police Recruitment Board from terminating the services of the petitioners as Police Sub Inspector.

(3.) The short facts giving rise to these petitions are that pursuant to the advertisement dated 21.11.2014 issued by the Gujarat Police Recruitment Board, for the post of Constable, ASI, PSI and others, all the petitioners of six petitions had applied for the post of PSI in S.T. Category. As per the final select list, prepared for the said post (S.T. Category), all the petitioners, except the petitioners Chetanbhai and Balwantbhai of Special Civil Application No. 13881 of 2016, were selected and appointed on the said post. The said petitioners Chetanbhai and Balwantbhai who were in the waiting list, having found that many candidates listed in the final select list, did not belong to S.T. Category, they preferred the representations before the respondent authorities. However, the said representations were not responded to by the respondent authorities, and therefore the said two petitioners Chetanbhai and Balwantbhai had preferred the Special Civil Application No. 602 of 2016 before this Court. This Court vide the order dated 26.02.2016 disposed of the said petition by directing the respondent authorities to consider their representation and take appropriate decision in accordance with law.