RAJESH DILDANBHAI BARHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All the three captioned petitions since involved common facts and identical issue, they were heard together and shall be governed by this common order.

(2.) The petitioners are aggrieved as they are asked to return the 'Nomadic Tribe' certificates issued to them in the year 1986 and in the year 1988, recognising them as belonging to the said class. This decision to cancel the certificate is reflected in the communication dated 01st Oct., 2004 by the competent authority of the Social Welfare Department in case of petitioners of first two Special Civil Applications. In the third Special Civil Application No.729 of 2009, the impugned order is dated 18th Dec., 2008, by the Director of Developing Caste.

(3.) The petitioners of Special Civil Application No.21155 of 2006 is the brother, whereas the petitioners in other two petitioners are the real sisters. Their case is that they belong to caste named Hindu Charan Gadhvi, which is recognised as Socially and Educationally Backward Class by the State Government. All the three petitioners were given certificates recognising them as belonging to 'Nomadic Tribe' dated 17th Dec., 1986, 07th Oct., 1986 and 08th March, 1988 respectively by the competent authority - Nomadic Tribe Welfare Officer. There is no dispute that the father of the petitioners was holding a caste certificate of being Socially and Educationally Backward Class under the relevant State Government Resolution dated 01st April, 1978.