Case Note & Summary
The petitioner, Makwana Mayuri Hardashbhai, filed a writ petition before the Gujarat High Court seeking a direction to the respondent No.2-Mamlatdar & Executive Magistrate, Porbandar to issue a Scheduled Tribe Certificate in the format prescribed by the Central Government. The petitioner belongs to the Rabari Caste, which is a Scheduled Tribe category, and had already been issued a caste certificate by the competent authority on 20.06.2011. However, for appearing in examinations and seeking admission under Central Government courses, the petitioner required a certificate in the specific format prescribed by the Central Government, which should be in English. The petitioner made an application dated 27.01.2025 to the respondent No.2, but the application remained pending. The petitioner argued that without the certificate in the prescribed format, she would be unable to appear in Central Government examinations or obtain admission under Central Government courses. The learned AGP appearing for the respondent authorities submitted that the petitioner already had a caste certificate and that if the application was pending, appropriate orders may be passed. The court considered the submissions and perused the documents on record. It noted that the petitioner was required to submit the caste certificate in the prescribed format for Central Government purposes. The court directed the respondent No.2 to decide the petitioner's application dated 27.01.2025 in accordance with law within four weeks from the date of receipt of the order. The petition was disposed of accordingly.
Headnote
A) Scheduled Tribes - Caste Certificate - Central Government Format - The petitioner, belonging to Rabari Caste (Scheduled Tribe), sought issuance of ST certificate in the format prescribed by the Central Government for examination and admission purposes. The court directed the respondent authority to decide the pending application within four weeks, considering that the petitioner already held a caste certificate issued on 20.06.2011. (Paras 1-6)
Issue of Consideration
Whether the petitioner is entitled to a direction to the respondent authority to issue a Scheduled Tribe certificate in the format prescribed by the Central Government for the purpose of study and examination under Central Government courses.
Final Decision
The petition is disposed of with a direction to respondent No.2 to decide the petitioner's application dated 27.01.2025 in accordance with law within four weeks from the date of receipt of the order.
Law Points
- Scheduled Tribe certificate
- Central Government format
- pending application
- direction to decide
