KOLCHA NARVATBHAI RAMSINGBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Niraj Soni, learned Assistant Government Pleader, waives service of Notice of Rule for the respondents.

(2.) This Civil Application No. 9060 of 2011 has been filed with a prayer to join the Superintendent of Post Offices, Bharuch Division, Bharuch, as party respondent to the proceedings. Inter-alia, it has also been prayed that the operation of the impugned order dated 06.04.2011 passed by the Commissioner of Tribal Development, State of Gujarat, which is the subject matter of challenge in Special Civil Application No. 6995 of 2011, be stayed.

(3.) In order to appreciate the background in which the application has been filed, it would be necessary to advert, briefly, to the facts of the case, as mentioned in the main petition. It is averred that the petitioner belongs to the "Hindu Kolcha" tribe, which is recognized as a "Scheduled Tribe" in the State of Gujarat. The Mamlatdar, Devgad Baria, issued a Caste Certificate to this effect to the petitioner, on 05.01.2000. The petitioner/was appointed as Postal Assistant/Clerk on 05.07.2000, and is presently serving as such. The Caste Certificate issued to the petitioner was cancelled by the Commissioner of Tribal Development (Respondent No. 2), by order dated 30.07.2009. Aggrieved thereby, the petitioner preferred Special Civil Application No. 8934 of 2009, which was allowed by order dated 31.08.2009, as certain documents were not provided to the petitioner. It has been clarified in the said order that the quashing of the order would not debar the authority from passing a fresh order, in accordance with law, after complying with the directions issued in the said order.