Case Note & Summary
The petitioner, Nayka Vijaybhai Naniyabhai, filed a petition under Article 226 of the Constitution of India read with the Gujarat Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Issuance and Verification of Caste Certificate) Act, 2018, seeking a writ of mandamus directing respondent No.2 (the competent authority) to decide his representations dated 24.03.2025, 24.04.2025, and 02.03.2026. The petitioner was a voter in ward no.4 of Chhota-Udepur Municipality, where elections were held with reserved seats for Scheduled Tribe candidates. The petitioner claimed that his caste certificate verification was pending and that he had made multiple representations to the authorities, but no decision had been taken. The respondents, represented by the Assistant Government Pleader and counsel for respondent No.4, did not oppose the petition. The court, after hearing the parties, observed that the petitioner had been pursuing the matter for a considerable period and that the authority should decide the representations expeditiously. The court directed respondent No.2 to decide the representations within four weeks from the date of receipt of the order, after giving an opportunity of hearing to the petitioner and other interested parties. The petition was disposed of accordingly, with no order as to costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Article 226 of the Constitution of India - Gujarat Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Issuance and Verification of Caste Certificate) Act, 2018 - Petitioner sought direction to respondent No.2 to decide representations dated 24.03.2025, 24.04.2025, and 02.03.2026 regarding caste certificate verification - Court held that the authority must decide the representations expeditiously within four weeks from the date of receipt of the order, as the petitioner had been pursuing the matter for a considerable period (Paras 1-6).
Issue of Consideration
Whether the respondent authority should be directed to decide the petitioner's pending representations regarding caste certificate verification within a stipulated time frame.
Final Decision
The court directed respondent No.2 to decide the petitioner's representations dated 24.03.2025, 24.04.2025, and 02.03.2026 within four weeks from the date of receipt of the order, after giving an opportunity of hearing to the petitioner and other interested parties. The petition was disposed of with no order as to costs.
Law Points
- Article 226 of the Constitution of India
- Gujarat Scheduled Castes
- Scheduled Tribes and Other Backward Classes (Regulation of Issuance and Verification of Caste Certificate) Act
- 2018
- Mandamus for expeditious disposal of representations
