JULAHA ANSARI SAFIULLAH JAMALUDDIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE short facts of the case appear to be that it is the case of the petitioner that the petitioner belongs to Ansari (Julaha) Muslim caste and as per the petitioner, the father of the petitioner and the brother are also issued certificates for such reserved category. On 6. 11. 2003, a caste certificate was issued by the Deputy Direction (Developing Caste), certifying that the caste of the petitioner is Musalman Julaha and based on the said certificate, the petitioner applied for admission to PTC and he was granted admission in the year 2004. It appears that thereafter on 6. 12. 2004, respondent No. 2 initiated the proceedings, calling upon him to remain present for verification of the caste certificate and thereafter, he further gave the opportunity of hearing to the petitioner and the order dated April 20, 2005 has been passed by him, whereby the earlier caste certificate issued on 26. 9. 2002 by the Dy. Director is cancelled. It is under these circumstances, the petitioner has approached this Court by preferring the present petition.

(2.) HEARD Mr. Qureshi, learned Counsel appearing for the petitioner and Ms. Patel, learned AGP for the State Authorities. Respondent No. 3 is served, but nobody has appeared on behalf of respondent No. 3.

(3.) IT appears that the principal contention of the petitioner is that he belongs to Musalman Julaha caste and the caste of the father was also mentioned in the School record and his brother is also issued certificate for such purpose. It is his contention that even in the original School record of his place of birth at Gorakhpur, his caste is mentioned as Musalman Julaha. It has been submitted that respondent No. 2 in the impugned order has relied upon the material for which no opportunity has been given to see the report or to cross-check or verify the said aspect and it has, therefore, been submitted that the decision for cancellation of the certificate is in breach of the principles of natural justice and, in any case, is not warranted, since the petitioner belongs to Musalman Julaha caste.