Gujarat High Court
Heena vs City on 9 August, 2011
Author: Abhilasha Kumari
Bench: Abhilasha Kumari
Gujarat High Court Case Information System
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SCA/4564/2011 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4564 of 2011
=========================================================
HEENA
CHANDRASHEKHAR DALAL & 11 - Petitioner(s)
Versus
CITY
MAMLATDAR & 3 - Respondent(s)
=========================================================
Appearance
:
MS
KRISHNA U MISHRA for
Petitioner(s) : 1 - 12.MR AMRISH K PANDYA for Petitioner(s) : 1 -
12.
MR RASHESH RINDANI, LEARNED ASSISTANT GOVERNMENT PLEADER for
Respondent(s) : 1 - 4.
NOTICE SERVED BY DS for Respondent(s) : 1 -
4.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 09/08/2011
ORAL
ORDER
This petition under Article 226 of the Constitution of India has been filed, with the following prayers:-
"[A] Your Lordships may be pleased to issue a writ of mandamus or writ in nature of Mandamus or any other appropriate writ/s, order/s, and/ or direction/s directing the respondents, more particularly respondent No.1 - Mamlatdar, Ahmedabad to issue Caste Certificate of Scheduled Tribe to the petitioner Nos.1 to 15 and other members of Halba Community who have applied for the same, as in view of the Circular dtd.6/8/1984 of the Government of India, as per the Form of Cast Certificate prescribed by Government of India (Annexure-B) the on the basis of the Certificate/s issued by their parent State, such as Caste Certificate, School Leaving Certificate etc. [B] Your Lordships may be pleased to hold and declare that the members of the Halba Community residing in the State of Gujarat are falling in Scheduled Tribe Category in the State of Gujarat and are entitled to all the benefits of reservation of Scheduled Tribe declared by the State Government in the State of Gujarat.
[C] your Lordships may be pleased to issue a writ of mandamus or writ in nature of Mandamus or any other appropriate writ/s, order/s, and/ or direction/s directing the respondents, more particularly respondent No.1 - Mamlatdar, Ahmedabad to issue Caste Certificate of Scheduled Tribe to the petitioner Nos.1 to 15 and other members of Halba Community who have applied for the same, in case the Scheduled Tribe Certificate of their parents are not available, on the basis of the School Leaving Certificate and/ or other Certificate/s issued by their parent State and not to insist on the Caste Certificate of Scheduled Tribe Certificate of their parent district issued by their parent State.
[D] Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to grant ad-interim/ interim relief directing respondents, more particularly respondent No.1, to consider the case of the petitioner nos.1 to 15 for issuance of Caste Certificate of Scheduled Tribe without putting rubber stamp stating that "the holder of this certificate is not entitled to get benefits of Scheduled Tribe declared by the Gujarat State in the Gujarat State" and place on record how may applications have been received from the members of Halba Community for Scheduled Caste Certificate.
[E] Such other and further relief/s as may be deem just and proper in favour of the petitioner in the interest of justice."
The grievance of the petitioners is that they belong to the 'Halba' community, which is recognized as Scheduled Tribe in the List(Modification) Order, 1956 read with Scheduled Caste and Scheduled Tribes Order (Amendment) Act, 1956 in the States of Maharashtra and Madhya Pradesh. According to the petitioners, they have shifted from Maharashtra to Gujarat five decades ago, in order to earn their livelihood and are living here, since then. The Government of India issued a Circular on 18.11.1982, and the Government of Gujarat issued a composite Circular on 21.01.2010, on the basis of which migrants belonging to Scheduled Tribes as specified in the States from which they have migrated, are issued certificates of Scheduled Tribes in the State of Gujarat. The grievance of the petitioners is that respondent No.1 is not issuing such Certificates to the petitioners.
An affidavit-in-reply has been filed by respondent No.1, wherein it is stated that the petitioners would have to apply in accordance with the Government Resolution dated 21.01.2010. Thereafter, their case for grant of Certificate of Scheduled Tribe can be considered, in accordance with law.
In view of the above-mentioned averments made in the affidavit-in-reply, Mr.Amrish K. Pandya, learned advocate for the petitioners states that the petitioners shall make an application to respondent No.1 on the basis of the Government Resolution dated 21.01.2010, and the said respondent may be directed to consider the said application, in light of the said Government Resolution.
Upon the above statement being made by the learned advocate for the petitioner, the following order is passed:-
The petitioners may make separate applications to respondent No.1 to grant Certificate of Scheduled Tribe as per the Government Resolution dated 21.01.2010, within a period of 15 days from today.
On receipt of the said applications, respondent No.1 shall consider the same, in light of the Government Resolution dated 21.01.2010 and shall take further consequential action, in accordance with law, within a period of three months from the date of receipt of such applications.
The petition is disposed of, in the above terms.
It is made clear that while passing this order, the Court has not entered into the merits of the case. It is further clarified that the rejection of the earlier application made by the petitioners, shall not come in the way of the petitioners during the decision of the applications.
Direct Service of this order, is permitted.
[SMT.
ABHILASHA KUMARI, J.] ..mitesh..Top