VAGDABHAI MUNJABHAI KHAMBHALA Vs. COMMISSIONER ADIJATI VIKAS

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 6.3/4.2011 passed by respondent No.1 at Annexure -A to the petition, whereby respondent No.1 cancelled the caste certificate granted to the petitioner. The petitioner has also further prayed for an appropriate writ, order or direction directing respondent No.1 to produce on record the letter dated 27.9.2004 written by respondent No.4, minutes of the meeting of the Scrutiny Committee dated 17.2.2011 and the letter dated 15.3.2005 written by the Vigilance Commission. It is a matter of record that the impugned order is stayed during pendency of this petition.

(2.) THE facts which can be culled out from the record of the petition are as under:2.1 The petitioner belongs to Rabari community and his forefathers were residing in Gir, Barda and Alech Forest area and more particularly in Ness situated in the said area. The petitioner claims that he belongs to Scheduled Tribe. It is the case of the petitioner that as per the notification of the Hon'ble President of India, Rabari community belonging to the said areas are declared as Scheduled Tribe persons. The record reveals that the petitioner applied for caste certificate before respondent No.3. Respondent No.3, pursuant to application of the petitioner, granted caste certificate on 18.12.1979. It further appears from the record that thereafter, the petitioner, on completion of his studies, applied for the post of Telephone Operator before respondent No.4 pursuant to the advertisement issued by respondent No.4. It is a matter of record that on the basis of the caste certificate, the petitioner applied for the post of Telephone Operator in Scheduled Tribe category on the basis of the caste certificate issued by respondent No.3. The petitioner was thus selected as Scheduled Tribe candidate and at present is still working as Telephone Operator.

(3.) HEARD Mr. Ketan Shah, learned advocate for the petitioner, Mr. Vishal Patel, learned AGP for respondent Nos.1 and 2, Mr. M.D. Rana, learned advocate for respondent No.3 and Mr. Sandeep Shah, learned advocate for respondent No.4.