SAVITABEN HIRABHAI PATILYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Shri Dhaval D Vyas, learned advocate appearing for the petitioner and Shri Vinay Pandya, learned Assistant Government Pleader appearing for the respondents.

(2.) IN the present petition, the petitioner has challenged the order passed by Commissioner, Schedule Tribe Development Department, Gandhinagar dated 28th March, 2007 where Caste Certificate dated 30th June, 1987 and 4th September, 1987 are set aside by Scrutiny Committee.

(3.) THE petitioner is working as Primary Teacher with respondent school i. e. Moral Naka Primary School of Santrampur Taluka. Learned Advocate Shri Vyas challenging the order dated 28th March 2007 submitted that no reasonable opportunity was given to the petitioner before passing the aforesaid order. He also submitted that documents which have been relied upon by the Scrutiny Committee have not been supplied to the petitioner. He also submitted that there is enmity between the family members which resulted to such inquiry and therefore, Scrutiny Committee has decided against the petitioner. The petitioner is discharging her duties as Primary Teacher from 8th September, 1990. He also submitted that Scrutiny Committee has not properly considered the case of the petitioner for Caste Certificate and Scrutiny Committee has without application of mind cancelled the Caste Certificate. The affidavit in reply is filed by one Shri Anilkumar Bhamaniya, Deputy Director Tribal Development Department, Gandhinagar (Page:77 of the compilation ).