DUDHWALA MOHSIN RAFIKBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned advocate appearing for the respondents is directed to waive service of rule. The petition is taken up for final hearing and disposal today considering the view that the Court is inclined to adopt.

(2.) The petitioner is a student who obtained a certificate whereunder it was certified by the competent authority that the petitioner belongs to Mansuri Pinjara Muslim Community which is a Socially & Educationally Backward Class declared by Government Resolution dated 01.04.1978. The said certificate is issued by the competent authority on 18.05.2004. On the basis of the result obtained at Std. 12th examination conducted by Gujarat Secondary and Higher Secondary Education Board the petitioner applied for admission to medical course. On 21.05.2004 the Centralized Medical Admission Committee referred the matter to respondent No.2 for verifying the Caste Certificate of the petitioner.

(3.) Accordingly, on 01.06.2004 a show cause notice was issued to the petitioner followed up by different communications. Ultimately, on 13.07.2004 the respondent authority was informed that the petitioner has given up the claim for admission in medical course due to the financial stringency being faced by the family. Subsequently, the authority issued further notice on 31.07.2004. The petitioner produced evidence in support of the Caste Certificate along with replies dated 05.08.2004 and 10.08.2004. As can be seen from the observations made in Paragraph No.4 of order dated 28.11.2006 such evidence was not found to be satisfactory by the authority and hence on 07.10.2004 once again the petitioner was called upon to tender further evidence. This was replied to on 09.12.2004. Thereafter the order does not reveal as to what happened till 20.04.2006 when the Deputy Director visited the residential premises of the petitioner to make 'on the spot' inquires. The report thereof was tendered by the Deputy Director on 10.05.2006. The impugned order has thereafter been made on 28.11.2006.