DAMOR NARMADABEN PUJABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.K.B. Pujara for the petitioner and learned Assistant Government Pleader Mr.Manan Mehta for the respondent authorities.

(2.) The Mamlatdar issued certificate dated 29th July, 1999 that the petitioner belong to Hindu Bhil community which was recognised as Scheduled Tribe. As per the certificate dated 25th August, 2004, Vigilance Officer (Scheduled Caste Development), certified that petitioner was Hindu Bhil Damor and was recognised as Scheduled Tribe in the State of Gujarat. By yet another certificate dated 15th June, 2006 the petitioner's caste Hindu Bhil was certified. Respondent No.4-The Commissioner, Tribal Development, by his order dated 20th November, 2008, being the impugned order; cancelled the certificates of the petitioner, consequently disregarded the caste status of the petitioner recognised as Scheduled Tribe.

(3.) The petitioner came to be admitted in the P.T.C. Course in the year 2004-05 and studied in the vacancy reserved for Scheduled Tribe, passed first year examination, also passed the second year examination and appeared at the final examination in March-April, 2006. His result was withheld as respondent No.4 was holding inquiry about the validity of the petitioner's caste certificate as Scheduled Tribe. The Scrutiny Committee in its meeting dated 06th August, 2008 took a view that the caste status of the petitioner was liable to be de-recognised. Followed thereafter the impugned order, and the petitioner filed the present petition to challenge the same.