Gujarat High Court Case Information System
Print
SCA/8116/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8116 of 2010
=========================================================
JINABHAI
GHELABHAI ZAPDA - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
VH KANARA for
Petitioner(s) : 1,
MR AL SHARMA AGP for Respondent(s) : 1,
None
for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 16/07/2010
ORAL
ORDER
Heard
learned advocate Mr. VH Kanara on behalf of petitioner, learned AGP
Mr. AL Sharma appearing for respondent State authority.
According
to petitioner, he is belonging to scheduled Tribe candidate. He
obtained caste certificate from Competent authority, which shows
that petitioner is belonging to scheduled Tribe candidate. On the
basis of this caste certificate, petitioner has obtained Government
Job and he is at present working with State Government. The request
was made to issue caste certificate in favour of his children, which
has been rejected by department i.e. Mamlatdar, Collector and
respondent State authority.
In
light of this fact, if petitioner is belonging to scheduled Tribe
candidate and having caste certificate, then he should have to
produce caste certificate before authority. Learned advocate Mr.
Kanara submitted that original caste certificate, issued in favour
of present petitioner is not with him but he is having xerox copy of
such caste certificate.
Let
such xerox copy of caste certificate may be produced before
respondent authority by petitioner. Thereafter, respondent authority
may call for original record from such authority, who has issued
caste certificate in favour of petitioner. Therefore, let petitioner
may approach to respondent authority, Mamlatdar, Bhanvad by
necessary application. Along with an application, petitioner may
produce xerox copy of caste certificate as well as Masvadi
certificate. After receiving such application and documents from
petitioner, it is directed to Mamlatdar to call for original record
from respective authority, who has issued caste certificate to
petitioner and verify it whether petitioner is belonging to
scheduled Tribe Candidate or not? after giving reasonable
opportunity of hearing to petitioner. Then to pass appropriate
reasoned order in accordance with law within a period of three
months from date of receiving copy of such application from
petitioner and communicate decision to petitioner.
In
view of above observation and direction present petition is disposed
of without expressing any opinion on merits.
(H.K.RATHOD,
J)
asma
Top