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SCA/4135/2006 1/ 6 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4135 of 2006
For
Approval and Signature:
HONOURABLE
MR.JUSTICE KS JHAVERI
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ? Yes
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
KHATIK
RAJESH MALAJI SINCE MINOR, THROUGH BROTHER - Petitioner(s)
Versus
DIRECTOR,
PRIMARY EDUCATION & 2 - Respondent(s)
=========================================================
Appearance
:
MR
HASHIM QURESHI for
Petitioner(s) : 1,
MR JASWANT K SHAH AGP for Respondent(s) :
1,
NOTICE SERVED BY DS for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 20/01/2010
ORAL
JUDGMENT
1.0 By
way of present petition, the petitioner has prayed as under:
(A) Admit
and allow the petition by holding that letter dated 10.02.2006
addressed by respondent No.1 to respondent No.3- The principal, PTC
College is against the principles of natural justice and the same is
behind the back of the petitioner and without cancelling the Caste
Status Certificate by the competent authority, i.e. respondent No.2,
particularly when the respondent No.1 along with the impugned
communication has not supplied, though requested for, a copy of
alleged order dated 26.12.2005, based on which the impugned decision
is taken, as such the said communication is bad in law, illegal,
unconstitutional and further be pleased to quash and set aside the
impugned communication dated 10.02.2006.
2.0 The
short facts of the case appear to be that it is the case of the
petitioner that the petitioner was admitted into First Year PTC in
Hindi Medium PTC college on 25.07.2005. After passing the first year
of PTC, the petitioner got admission in the second year. The
petitioner was granted Socially and Economically Backward Class
( SEBC for brevity) quota as he was granted Caste Status
Certificate by the competent authority. The respondent No. 2 summoned
the petitioner for verification of his Caste Status Certificate,
where he remained present before respondent No.2. After hearing the
petitioner the respondent No. 1 addressed a letter to the College
authorities which the petitioner received on 21.02.2006 whereby the
admission has been cancelled by respondent No.1 who has no authority
because the petitioner’s case is conducted by respondent No.2. The
petitioner addressed a letter to respondent No.1 dated 22.02.2006
requesting him to supply a copy of order dated 26.12.2005 basing upon
which his admission has been cancelled. The petitioner has not
received any order from respondent No.2- Director of Developing Caste
who is competent authority who purported to have cancelled the
petitioner’s admission. The petitioner received said communication
through the school authorities intimating them to cancel the
petitioner’s admission. The said decision is taken behind the back of
the petitioner. Not only that, but even respondent No.1 did not
inform the petitioner about anything but straightway issued the
impugned order when the petitioner was attending the class. Hence,
this petition.
3.0 Heard
Mr. Qureshi, learned counsel appearing for the petitioner and Mr.
Jaswant K. Shah, learned Assistant Government Pleader for the
respondent State. Respondent No. 3 is served but no-one has appeared
on behalf of the respondent No.3.
4.0 Learned
advocate for the petitioner submitted that the petitioner is belonged
to Khatik sub-caste which is considered to be SEBC. The petitioner
has brought up in Ahmedabad.
5.0 Learned
advocate for the petitioner further submitted that the petitioner
submitted to the respondent No.2 various documents including his
Caste Status Certificate and School Leaving Certificate of his
uncles. The petitioner’s father has been residing since 1960.
6.0 Learned
Assistant Government Pleader for the respondent- State authorities
contended that if the petitioner has taken any undue benefits of the
certificate issued on any incorrect record, then in that
case the petitioners have to face the consequence of taking undue
benefit, to which they were
not legally entitled.
7.0 The
issue involved in the present petition is squarely covered by the
decision dated 12.03.2008 of this Court rendered in Special Civil
Application No. 7853 of 2005.
8.0 In
view of the facts and circumstances and the reasons set out in the
aforesaid judgment, the impugned order passed by respondent No.2 is
not interfered with, but with the observations that it would be open
to the petitioner to file appropriate civil suit for appropriate
declaration that the petitioner belongs to SEBC category. It is
further observed that if such a declaration is given by the Civil
Court, thereafter it would be open to the petitioner to move the
authority for issuance of the certificates in accordance with law.
9.0 It
is clarified that if the aforesaid suit is filed by the petitioner,
the Civil Court shall independently examine the matter and shall not
be guided by the order of this Court.
10.0 The
petition is partly allowed to the aforesaid extent. Rule is made
absolute accordingly.
(K.S.JHAVERI,
J.)
niru*
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