TRUPESH CHANDULAL ABHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, who claims to be a member of scheduled caste and who joined the government services as Senior Chemical Assistant, Class -III, on 29/05/2000, is before this Court with a prayer that a writ of mandamus be issued by quashing and setting aside an order dated 03/04/2006 passed by Analysis Committee of Scheduled Castes and Scheduled Tribes Development, cancelling the Caste Certificate issued District Backward Class Welfare Officer, Bhavnagar for getting government services by the petitioner in the year 2000, when the same was scrutinized in the year 2004 before the Committee and when Appointing Authority found out that in one of the documents produced by the petitioner at the time of joining his services i.e. School Leaving Certificate does not disclose the caste, which is not treated as scheduled caste in the State of Gujarat, as per the Constitution (Schedule Castes) Order,1950.

(2.) Brief facts, emerge from the record, are as under: The Analysis Committee appointed, pursuant to Notification dated 26/03/2003 issued by State of Gujarat to examine the caste certificate of the petitioner of Scheduled Caste and has been appointed on the post of Senior Chemical Assistant, Class -3, Geology and Mines Department, State of Gujarat on reserved post. All the documents, which were submitted at the time of joining services by the petitioner to the Geology and Mines Department were forwarded to the Analysis Committee. After considering the statement of the petitioner and examining the Caste referred in the School Leaving Certificate, the Analysis committee came to the conclusion that the petitioner is not a scheduled caste and accordingly, his Caste Certificate dated 31/07/1986 issued by Competent Officer came to be cancelled along with his father, brothers and sisters. It was held that the petitioner is from "Barot" community and not from "Turi Barot" community as he claims. As the petitioner has not produced sufficient material with regard to his caste as "Turi Barot", which included in Scheduled Castes and Scheduled Tribes (Amendment) Act,1976, by which, a person from "Turi Barot" community is treated as scheduled caste. The said decision was challenged by the petitioner by way of filing writ petition being Special Civil Application No.11967 of 2004 before this Court, wherein, the said order dated 01/09/2004 passed by the Analysis Committee, came to be quashed and set aside. By making such observations, the matter was remanded to the Analysis Committee for fresh consideration after examining the documents produced by the petitioner on record. Subsequent to the remand by this Court, the matter was heard a fresh. After hearing and examining the material available on record, the Analysis Committee cancelled the Caste Certificate issued in favour of the petitioner as well as his brothers and sisters as well as his father. Hence, this petition.

(3.) Pursuant to the Notice issued by this Court, respondent No.2 filed Affidavit -in -reply and opposed grant of any relief in favour of the petitioner. Thereafter, the petitioner has filed Affidavit -in Rejoinder and further Affidavit has been filed by the respondent -State.