Woman moves Gujarat HC for appointment as Vidhya Sahayak after caste certificate verification delayed

Gujarat High Court has directed scrutiny committee to take decision regarding the genuineness of petitioner's caste certificate within three months and has asked state to provide provisional appointment to the petitioner, Geeta Chavda, as Vidhya Sahayak subject to final decision (outcome) taken by the scrutiny committee.

The petitioner had challenged the inaction on part of the the scrutiny committee of not verifying the caste certificate which was issued in favour of the petitioner, which had led her to move the high court regarding the post of Vidhya Sahayak (Primary Teacher), class-III, for which she was selected, but not appointed.

If 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 petitioner, the court said.

However, the court also said that if the scrutiny committee does not take any decision as regards the genuineness of the caste certificate, then provisional appointment shall be issued to the petitioner.

If the scrutiny committee comes to a conclusion, as regard to the veracity and genuineness of the caste certificate of the petitioner after the period of three months time then in case (A) - if the caste certificate is not found to be genuine it would be open for the state to forthwith terminate the services of the petitioner or not further extend provisional appointment and  (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, the court said. 

The court has asked petitioner to cooperate with the process of scrutiny of the documents by producing original documents, as and when called by the scrutiny committee.