Case Note & Summary
The petitioner, Kaushik Kamleshbhai Bharai, filed a writ petition before the Gujarat High Court seeking a direction to the respondent No.2, Mamlatdar & Executive Magistrate, Upleta, to issue a Scheduled Tribe Certificate in the prescribed format of the Central Government for the purpose of securing apprenticeship in Bank of Baroda. The petitioner belonged to the Rabari Caste, which is recognized as a Scheduled Tribe. He had already been issued a caste certificate by the competent authority on 01.09.2009. Upon being selected for apprenticeship in Bank of Baroda, he was called for document verification, where the recruitment officer instructed him to submit the caste certificate in English in the prescribed format as per the Central Government notification. Consequently, the petitioner made an application dated 06.02.2026 to the respondent No.2 for issuance of the certificate in the prescribed format, but the application remained pending. The petitioner's counsel argued that if the certificate was not issued, the petitioner would lose his apprenticeship opportunity. The learned AGP appearing for the respondents submitted that the petitioner already had a caste certificate and that the application would be considered. The Court, after hearing both sides, disposed of the petition with a direction to the respondent No.2 to decide the petitioner's application dated 06.02.2026 within two weeks from the date of receipt of the order, in accordance with law, considering the existing caste certificate and the urgency expressed by the petitioner. The Court also made rule absolute to that extent.
Headnote
A) Scheduled Tribes - Issuance of Caste Certificate in Prescribed Format - Direction to Issue - The petitioner, belonging to Rabari Caste (Scheduled Tribe), had been issued a caste certificate on 01.09.2009. Upon selection for apprenticeship in Bank of Baroda, he was required to submit the certificate in the Central Government's prescribed format. His application dated 06.02.2026 to the Mamlatdar & Executive Magistrate, Upleta was pending. The Court directed the respondent No.2 to decide the application within two weeks from the date of receipt of the order, considering the petitioner's existing caste certificate and the urgency of the matter. (Paras 1-5)
Issue of Consideration
Whether the respondent authority is obliged to issue a Scheduled Tribe Certificate in the prescribed format of the Central Government to the petitioner for the purpose of securing apprenticeship in Bank of Baroda.
Final Decision
The petition is disposed of with a direction to the respondent No.2 - Mamlatdar & Executive Magistrate, Upleta to decide the petitioner's application dated 06.02.2026 within two weeks from the date of receipt of the order, in accordance with law, considering the existing caste certificate and the urgency expressed by the petitioner. Rule is made absolute to that extent.
Law Points
- Scheduled Tribe Certificate
- Central Government prescribed format
- direction to issue certificate
- pending application
- apprenticeship
Case Details
2026 LawText (GUJ) (03) 586
R/SPECIAL CIVIL APPLICATION NO. 2512 of 2026
Hardik D. Muchhala for the Petitioner, Aditya Davda AGP for the Respondents
Kaushik Kamleshbhai Bharai
The State of Gujarat & Anr.
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Nature of Litigation
Writ petition seeking direction to issue Scheduled Tribe Certificate in prescribed format.
Remedy Sought
Direction to respondent No.2 to issue Schedule Tribe Certificate in the prescribed format of the Central Government for apprenticeship in Bank of Baroda.
Filing Reason
The petitioner's application dated 06.02.2026 for issuance of the certificate in the prescribed format was pending before respondent No.2, and the petitioner feared losing his apprenticeship opportunity.
Previous Decisions
The petitioner had already been issued a caste certificate on 01.09.2009 by the competent authority.
Issues
Whether the respondent authority is obliged to issue a Scheduled Tribe Certificate in the prescribed format of the Central Government to the petitioner for the purpose of securing apprenticeship in Bank of Baroda.
Submissions/Arguments
The petitioner's counsel submitted that the petitioner belongs to Rabari Caste (Scheduled Tribe) and has a caste certificate dated 01.09.2009. Upon selection for apprenticeship in Bank of Baroda, he was required to submit the certificate in the Central Government's prescribed format. His application dated 06.02.2026 to the respondent No.2 is pending, and if not issued, he will lose the apprenticeship.
The learned AGP submitted that the petitioner already has a caste certificate and the application will be considered.
Ratio Decidendi
The court directed the respondent authority to decide the pending application for issuance of a Scheduled Tribe Certificate in the prescribed format within a specified time, considering the existing caste certificate and the urgency of the matter, to enable the petitioner to secure apprenticeship.
Judgment Excerpts
By the present Writ Petition, the petitioner is praying for a direction to the respondent No.2 - Mamlatdar & Executive Magistrate, Upleta to issue Schedule Tribe Certificate in the prescribed format as required by the Central Government for the purpose of securing apprenticeship in Bank of Baroda.
The learned counsel submits that the petitioner belongs to Rabari Caste, which is a Scheduled Tribe Category. He submits that the petitioner has already been issued the caste certificate by the competent authority on 01.09.2009.
The learned counsel submits that the petitioner, accordingly, made an application dated 06.02.2026 to the respondent No.2 Mamlatdar & Executive Magistrate, Upleta for issuing the Schedule Tribe Certificate in the prescribed format.
The learned AGP Mr. Aditya Davda appearing for the respondent authorities submits that the petitioner has already been issued the caste certificate. He submits that the application will be considered in accordance with law.
In view of the above, the present petition is disposed of with a direction to the respondent No.2 - Mamlatdar & Executive Magistrate, Upleta to decide the application dated 06.02.2026 filed by the petitioner within a period of two weeks from the date of receipt of this order, in accordance with law, considering the existing caste certificate and the urgency expressed by the petitioner.
Procedural History
The petitioner filed a writ petition before the Gujarat High Court on an unspecified date. The court issued rule and with consent of parties, took up the matter for final hearing. After hearing both sides, the court disposed of the petition on 30/03/2026.
