Case Note & Summary
The petitioner, Makwana Vira Polabhai, filed a writ petition under Article 226 of the Constitution of India before the Gujarat High Court seeking a direction to the Mamlatdar of Porbandar and Ranavav (respondent Nos. 2 and 3) to issue a Scheduled Tribe certificate in the format prescribed by the Central Government. The petitioner belongs to the Rabari caste, which is recognized as a Scheduled Tribe. He had already been issued a caste certificate on 20.06.2011 by the competent authority. However, for appearing in Central Government examinations and for admission to Central Government courses and universities, he required a certificate in the specific format prescribed by the Central Government, which should be in English. The petitioner made applications dated 27.01.2025 to the Mamlatdar, Porbandar, and dated 17.11.2025 to both Mamlatdars, but these applications remained pending. The petitioner argued that without the certificate in the prescribed format, he would lose his appointment and admission opportunities. The learned Assistant Government Pleader submitted that the applications were pending and that appropriate orders may be passed. The court considered the submissions and perused the documents. It noted that the petitioner had already been issued a caste certificate but needed one in the Central Government format. The court directed the respondent authorities to decide the petitioner's applications within two weeks from the date of receipt of the order, considering the urgency. The court also clarified that if the applications were not decided within the stipulated time, the petitioner would be entitled to approach the court again. The petition was disposed of with these directions.
Headnote
A) Constitutional Law - Right to Equality - Scheduled Tribe Certificate - Direction to Issue in Prescribed Format - The petitioner, belonging to Rabari Caste (Scheduled Tribe), had been issued a caste certificate on 20.06.2011 but required a certificate in the format prescribed by the Central Government for Central Government examinations and admissions. The court directed the respondent authorities to decide the petitioner's pending applications dated 27.01.2025 and 17.11.2025 within two weeks, considering the urgency to secure appointment and admission. (Paras 1-6)
Issue of Consideration
Whether the petitioner is entitled to a direction to the respondent authorities to issue a Scheduled Tribe certificate in the format prescribed by the Central Government for appearing in Central Government examinations and admissions.
Final Decision
The court directed the respondent Nos. 2 and 3 to decide the petitioner's applications dated 27.01.2025 and 17.11.2025 within two weeks from the date of receipt of the order, considering the urgency. If not decided within the stipulated time, the petitioner is at liberty to approach the court again. The petition was disposed of.
Law Points
- Direction to issue caste certificate in prescribed format
- Mandamus for pending application
- Scheduled Tribe certificate format for Central Government purposes
