IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 4117 of 1996
For Approval and Signature:
Hon'ble MISS JUSTICE R.M.DOSHIT
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1. Whether Reporters of Local Papers may be allowed
to see the judgements?
2. To be referred to the Reporter or not?
3. Whether Their Lordships wish to see the fair copy
of the judgement?
4. Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India, 1950 of any Order made thereunder?
5. Whether it is to be circulated to the Civil Judge?
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RABARI CHAVDA RAMABHAI RAJABHAI
Versus
STATE OF GUJARAT
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Appearance:
MR MD RANA for Petitioner
MR DA BAMBHANIA, AGP for Respondents.
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CORAM : MISS JUSTICE R.M.DOSHIT
Date of decision: 08/04/97
ORAL JUDGEMENT
This is a petition filed by a person selected for
the post of unarmed police constable. However, he has
not been issued order of appointment.
The petitioner claims to be a person belonging to
the rabari community which is considered to be a
Scheduled Tribe. A certificate to that effect has been
issued by the Mamlatdar, Ranavav on 1st September, 1990.
On the strength of the said certificate, the petitioner
has sought employment as armed police constable under the
respondents. The petitioner was selected and under
communication dated 13th February, 1994, he was
instructed to report for medical examination. In respect
of the certificate produced by the petitioner in support
of his claim of being a person belonging to Scheduled
Tribe, respondent No. 2 inquired of the Mamlatdar,
Ranavav whether such a certificate was issued by his
office. The Mamlatdar, under his communication dated
15th May, 1995 informed the District Superintendent of
Police that the certificate in question was issued on 1st
September, 1990 by his predecessor in office. He,
however, also informed that if further verification were
required, the Office of the Director of Social Welfare
may be contacted. The matter appears to have rested
there. For whatever reasons the process of verification
has not proceeded further and the petitioner has not been
issued appointment order. Feeling aggrieved, the
petitioner has preferred this petition.
Facts stated in the petition are not controverted. Petition, therefore, requires to be
allowed. It is directed that respondent No. 2 – District
Superintendent of Police, Junagadh shall complete the
process of verification of the certificate produced by
the petitioner within a period of two months from the
date of receipt of this order. In the event, the said
certificate is found to be genuine and the petitioner is
otherwise entitled to appointment, he may be offered
appointment as police constable. However, in case the
certificate is not found to be genuine, the petitioner
may be informed accordingly. Petition is allowed to the
aforesaid extent. Rule is made absolute. There shall be
no order as to costs.
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