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 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 reservations for Scheduled Tribe candidates. The petitioner's caste certificate verification was pending, and despite multiple representations, no decision was taken. The court, after hearing the parties, noted that the representations had been pending for a considerable period and directed respondent no.2 to decide them within four weeks from the date of receipt of the order, after giving an opportunity of hearing to the petitioner. The petition was disposed of accordingly.
Headnote
A) Constitutional Law - Writ of Mandamus - Caste Certificate Verification - Article 226 of the Constitution of India read with 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 verification of caste certificate - Court held that the respondent authority must decide the representations within four weeks from the date of receipt of the order, as the representations were pending for a considerable period (Paras 1-6).
Issue of Consideration
Whether the respondent authorities 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. The petition was disposed of accordingly.
Law Points
- Mandamus
- Caste Certificate Verification
- Representation
- Reasonable Time
- Article 226
Case Details
2026 LawText (GUJ) (03) 461
R/SPECIAL CIVIL APPLICATION NO. 4001 of 2026
Mr. Tirth H Shah, Mr. Nishit P Gandhi for Petitioner; Ms. Akshita Mohuot for Aishvarya for Respondent No.4; Mr. Aditya Davda, Assistant Government Pleader for Respondent Nos.1,2,3
Nayka Vijaybhai Naniyabhai
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Nature of Litigation
Writ petition under Article 226 seeking direction to decide representations regarding caste certificate verification.
Remedy Sought
Petitioner sought a writ of mandamus directing respondent no.2 to decide his representations dated 24.03.2025, 24.04.2025, and 02.03.2026.
Filing Reason
The petitioner's representations regarding verification of his caste certificate were pending before respondent no.2 without any decision.
Issues
Whether the respondent authorities should be directed to decide the petitioner's pending representations regarding caste certificate verification within a stipulated time frame.
Submissions/Arguments
Petitioner argued that despite multiple representations, the respondent no.2 had not taken any decision on the caste certificate verification.
Respondent authorities did not oppose the prayer and submitted that the representations would be decided in accordance with law.
Ratio Decidendi
The court held that when representations are pending for a considerable period, the authority must decide them expeditiously, and a writ of mandamus can be issued to direct such decision within a reasonable time.
Judgment Excerpts
By way of present petition under Article 226 of the Constitution of India read with the provisions of the Gujarat Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Issuance and Verification of Caste Certificate) Act, 2018 petitioner has prayed for the following reliefs...
In view of the above, the respondent no.2 is hereby directed to decide the representations of the petitioner dated 24.03.2025, 24.04.2025 and 02.03.2026 within a period of four weeks from the date of receipt of this order, after giving an opportunity of hearing to the petitioner.
Procedural History
The petitioner filed Special Civil Application No. 4001 of 2026 before the High Court of Gujarat. Rule was issued and made returnable forthwith. With consent of parties, the petition was taken up for final hearing and disposed of on 23/03/2026.
Acts & Sections
- Constitution of India: Article 226
- Gujarat Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Issuance and Verification of Caste Certificate) Act, 2018:
