SANKHWAR SURENDRAKUMAR MOTILAL Vs. CONVENOR SECRETARY ADMISSION COMMITTEE

JUDGEMENT

(1.) The petitioner belongs to Hindu Chamar community which is recognised as Scheduled Caste in the State of Gujarat. However the petitioners father originally belonged to Uttar Pradesh. He i.e. petitioners father joined service in Western Railway and since 1967 he is serving in Gujarat. The petitioner was born at Baroda on 19/12/1974 The petitioner has studied in Gujarat and particularly in Ahmedabad from Standard I to Standard XII. The petitioner has produced birth-date certificate at Annexure-A issued by Baroda Municipal Corporation. As per this certificate the petitioners date of birth is 19/12/1974 and his birth place is Western Railway Hospital. In column 9 of the birth certificate the permanent residential shown is Quarter No. 148/A Railway Colony Pratapnagar Baroda. Annexure-B to the petition is the School Leaving Certificate issued by Hebron Higher Secondary School Maninagar East Ahmedabad. As indicated therein the last school he attended was Hebron Secondary School i.e. the secondary school division of the same school. He joined the higher secondary section of the school on 2/07/1990 As indicated in the certificate he passed the higher secondary examination held in March 1992 in science stream and thereafter he left the school. As per this certificate also his caste is Hindu Chamar. The Social Welfare Officer Gandhinagar has issued certificate dated 8/08/1992 stating that the petitioner belongs to Hindu Chamar community which is recognised as Scheduled Caste by the Government of Gujarat. Certificate dated 8/08/1992 has been issued by City Mamlatdar Ahmedabad stating that the petitioner belongs to `Hindu Chamar community which is recognised as Scheduled Caste under the Constitution (Scheduled Castes) Order 1950.

(2.) After passing the higher secondary examination in science the petitioner applied for admission to B. E. degree course. His application was registered in the category of Scheduled Castes at serial No. 655. In the merit list he was shown at SC 150A. However he is denied benefits of reserved category seat on the ground that his father belonged to U.P. The Director of Social Welfare Gandhinagar has written letter dated 25/08/1992 addressed to the Convenor Admission Committee L. D. Engineering College Ahmedabad in which it is stated that the petitioner who has applied for being admitted on seat reserved for Scheduled Castes would not be eligible for the same for the reasons stated as follows : *** The aforesaid reason when translated into English means that Shri Shankhwal (it is not clear as to whether the applicant himself or his parent) belonged to Hindu Chamar community of Uttar Pradesh and therefore he is not entitled to the benefit of reserved seats in Gujarat.

(3.) It is an admitted position that `Hindu Chamar Community is recognised as Scheduled Caste in Gujarat as per Constitution (Scheduled Castes) Order 1950. It is also not disputed that the petitioners father is living in Gujarat since 1967 and that the petitioner has born in Gujarat in Hindu Chamar caste. Learned Counsel for the respondants states that as to whether the petitioners father is living in Gujarat or not is required to be examined by the authority issuing the certificate. It may be so and to this effect certificates have been issued. Moreover averments have been made in the petition that the petitioners father is living in Gujarat since 1967 At any rate the fact that the petitioner was born in Gujarat on 19/12/1974 in Western Railway Hospital and thereafter he has studied in a school in Ahmedabad is established by the petitioner by producing necessary certificates which are produced at Annexures A and B. On behalf of the respondents it is contended that the petitioners father originally belonged to Uttar Pradesh. It is further contended that when Constitution (Scheduled Castes ) Order 1950 was issued the permanent residence of the petitioners parent was in Uttar Pradesh. Therefore he should be considered as belonging to Scheduled Caste only in Uttar Pradesh and not in Gujarat. This contention is based on guidelines issued by the Central Government on 22/03/1977 For the purpose of interpretation of the Constitution (Scheduled Castes) Order 1950 and the provisions of Article 341 of the Constitution the guidelines issued by the Central Government cannot be taken as the basis interpretation. Nowhere in Article 341 of the Constitution or in the Constitution (Scheduled Castes) Order 1950 it is stated that the residence of the candidate concerned should not be considered but the residence of his parent at the time of passing of Constitution (Schedule Castes ) Order 1950 should be taken into consideration. Even if one were to take into consideration the residence of the parents of the candidate concerned in the instant case permanent residence of the parents of the petitioner is Baroda. This is borne out from the facts of the case. Therefore the contention that in view of the guidelines issued by the Central Government the petitioner is not entitled to the benefits of the seats reserved or Scheduled Caste has no merits.