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Judgment
Nikhil S. Kariel, J
Heard learned Advocate Ms. Niyati Vaishnav on behalf of the petitioner and learned Assistant Government Pleader Ms.Nidhi Vyas on behalf of the respondent- State.
Rule returnable forthwith. Learned AGP waives service of rule on behalf of the respondent- State.
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 Female Health Worker Class-III but not getting appointment.
Considering that this Court has issued orders for provisional appointments after giving appropriate time to the scrutiny committee to take an appropriate decision with regard to the genuinity of the caste certificate, this Court deems it appropriate to take up the present petition for final disposal, more particularly with the assistance of learned Assistant Government Pleader.
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 petitioners 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 petitioners was found not to be genuine, the petitioners 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 petitioners to claim actual appointment from the date their juniors were appointed and also continuity of service and other benefits.
5.1. 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 Co-ordinate Bench had been challenged and whereas vide said order, the Hon’ble Division Bench had also rejected the challenge, confirming the order of the learned Co-ordinate Bench. Learned Advocate Ms.Vaishnav 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.
Learned Assistant Government Pleader Ms.Vyas 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. Learned Assistant Government Pleader would further submit that in any case if similar orders were to be passed then some more time may be granted to the Government.
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.
Having regard to the same, it is directed that the respondents shall give provisional appointment to the petitioner, to the post of Female Health Worker Class-III 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.
It is clarified that the petitioner shall co-operate with the scrutiny committee so as to ensure that time limit stipulated by this Court could be adhered to.
It is clarified that in case the Scrutiny Committee comes to a conclusion before the period of three months that the caste certificates produced by the petitioner was not genuine then the respondents are not required to give provisional appointment to the present petitioner. In this regard it is further clarified that before finally deciding as to the genuinity of the caste certificates, all procedure as contemplated under the law shall be followed by the respondents.
9.1. It is further clarified that in case the Scrutiny Committee does not take any decision as regards the genuinity of the caste certificates then provisional appointment shall be issued to the petitioner in the post referred to hereinabove and whereas after the Scrutiny Committee comes to a conclusion, as regards the veracity and genuineness of the caste certificates 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 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 them from the date when juniors to the present petitioner had been appointed to the post in question.
With the aforesaid directions, present petition stands disposed of. Rule is made absolute to the above extent. Direct service is permitted.