IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 3816 of 2026 ==========================================================

SARMAN JESA HUN & ORS.

Versus THE GENERAL MANAGER(AD) GSRTC & ANR.

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Appearance:

MR HARDIK D MUCHHALA(5634) for the Petitioner(s) No. 1,2,3,4,5,6,7,8 MR AAKASH GUPTA, GOVERNMENT PLEADER for the Respondent(s) No.

2 MR HS MUNSHAW(495) for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 20/03/2026

ORAL ORDER

1. Heard learned Advocate Mr. Hardik D. Muchhala on behalf of the petitioner and learned Assistant Government Pleader on behalf of the respondent – State and learned advocate Mr. Devang R. Bhatt for Mr. H. S. Munshaw for the respondent No.1-

GSRTC.

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 Driver – Class III, but, not getting appointment.

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 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 could not dispute the fact about orders being passed by the learned Co-ordinate Bench and whereas, the same being confirmed by the Hon’ble Division Bench, and 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 vie