RAVINDRA M WARDE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner claims to be a member of "Mahar" community which is a Scheduled Caste as per the Presidential Order dated 18-9-1976. He wants the benefit of reservation for appointment to the post of Unarmed Police Constable. He applied for a certificate to get the benefit of reservation as a member of the Scheduled Caste community. The certificate was denied. Hence, he has approached this Court, inter alia, praying for issuance of a writ of mandamus directing the Sub-Regional Employment Officer to include his name for being considered by the selection committee for the post of unarmed police constable.

(2.) By virtue of the interim order passed by this Court the petitioner was considered by the selection committee as a member of the Scheduled Caste and the result has been kept in sealed cover and the result has not been declared.

(3.) . A detailed affidavit-in-reply has been filed by P. N. Parmar, Deputy Director of Social Welfare Department, Gujarat State. The contention taken therein is that the petitioner does not belong to original Gujarat State and, therefore, he is not to be treated as a member of the Scheduled Caste. The reason for this stand as discernible from the affidavit-in-reply is as follows. The petitioner's grandfather died in the year 1945, whereas his father was serving in Anil Textile Mills in the year 1960. When the Presidential Order of 1950 was issued, petitioner was not belonging to Gujarat State and therefore, the petitioner is not entitled to any benefit of the Presidential Order of 1950. In view of the Circular dated 22-2-1985 of the Government of India; the letter dated 15-10-1985 addressed by the Government of India, Circular dated 12-8-1988 of the Government of Gujarat and the letter dated 10-6-1991 of the Social Welfare Department, Government of Gujarat, the petitioner is not entitled to the benefit of Presidential Order of 1950. The petitioner who belonged to another State and migrated to State of Gujarat is not entitled to the benefit available to the Scheduled Castes and Scheduled Tribes of Gujarat State. Certificate issued to the petitioner shows that he belongs to Hindu Mahar community of Maharashtra State and Mahar is Scheduled Caste community in Maharashtra State. It is not applicable to the Gujarat State. So the petitioner is not entitled to the benefit of reservation as a member of the Scheduled Caste.