Gujarat High Court
Hemantkumar Bhikhabhai Nayak vs State Of Gujarat on 18 March, 2026
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/2023/2026 ORDER DATED: 18/03/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO.2023 of 2026
With
R/SPECIAL CIVIL APPLICATION NO.2034 of 2026
=========================================
HEMANTKUMAR BHIKHABHAI NAYAK
Versus
STATE OF GUJARAT & ORS.
=========================================
Appearance :
MR MITUL SHELAT, SENIOR COUNSEL ASSISTED BY MR SAHIL M SHAH for
the Petitioners.
MR HENIL SHAH, AGP for the Respondents.
=========================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 18/03/2026
COMMON ORAL ORDER
1. Both these petitions having identical set of facts, as both these petitions are filed by two real brothers and they are serving in Police force. The petitioner of Special Civil Application No.2023 of 2026, namely, Hemantkumar B. Nayak was serving as Police Constable in SRPF, whereas petitioner of Special Civil Application No.2034 of 2026, namely, Bhaveshkumar B. Nayak was serving as Head Constable in the Police force.
2. The grievance of both the petitioners is that though they belong to Schedule Tribe Category and having valid certificates certifying the fact that they belong to Schedule Tribe, upon representation made by their cousin, namely, Kiranbhai B. Nayak, their caste certificates were re-examined and ultimately, were cancelled vide impugned order dated 19.12.2025 passed by the Chairman, Divisional Scrutiny Committee, Vadodara, pursuant to which their services came to be terminated by the Page 1 of 7 Uploaded by R.N. SAVARIYA(HC00179) on Fri Mar 20 2026 Downloaded on : Sat Mar 21 00:23:56 IST 2026 NEUTRAL CITATION C/SCA/2023/2026 ORDER DATED: 18/03/2026 undefined Superintendent of Police, Panchmahal, Godhra vide impugned consequential orders dated 26.12.2025.
3. Special Civil Application No.2023 of 2026 has been filed with the following prayers :-
"a) To issue a writ of certiorari or a writ, direction or order in the nature of writ of certiorari quashing and setting aside the (i) order dated 19.12.2025 issued by the Chairman, Divisional Scrutiny Committee, Vadodara (at Annexure-A), (ii) order dated 26.12.2025 issued by Superintendent of Police, Panchmahal, Godhra (at Annexure-B), and
(iii) report submitted by Vigilance cell to the Divisional Scrutiny Committee, Vadodara (at Annexure-C);
b) Pending admission, hearing and final disposal of the present petition, Your Lordships may be pleased to stay the operation and implementation of the (i) order dated 19.12.2025 issued by the Chairman, Divisional Scrutiny Committee, Vadodara (at Annexure-A), (ii) order dated 26.12.2025 issued by Superintendent of Police, Panchmahal, Godhra (at Annexure- B), and (iii) report submitted by Vigilance cell to the Divisional Scrutiny Committee, Vadodara (at Annexure-C);
c) An ex-parte ad interim relief in terms of para (B) may kindly be granted;"
Page 2 of 7 Uploaded by R.N. SAVARIYA(HC00179) on Fri Mar 20 2026 Downloaded on : Sat Mar 21 00:23:56 IST 2026
NEUTRAL CITATION C/SCA/2023/2026 ORDER DATED: 18/03/2026 undefined
4. Special Civil Application No.2034 of 2026 has been filed with the following prayers :-
"A. To issue a writ of certiorari or a writ, direction or order in the nature of writ of certiorari quashing and setting aside the (i) order dated 19.12.2025 issued by the Chairman, Divisional Scrutiny Committee, Vadodara (at Annexure-A), (ii) order dated 26.12.2025 issued by Superintendent of Police, Panchmahal, Godhra (at Annexure-C), and
(iii) report submitted by Vigilance cell to the Divisional Scrutiny Committee, Vadodara (at Annexure-B);
B. Pending admission, hearing and final disposal of the present petition, Your Lordships may be pleased to stay the operation and implementation of the (i) order dated 19.12.2025 issued by the Chairman, Divisional Scrutiny Committee, Vadodara (at Annexure-A), (ii) order dated 26.12.2025 issued by Superintendent of Police, Panchmahal, Godhra (at Annexure-C), and (iii) report submitted by Vigilance cell to the Divisional Scrutiny Committee, Vadodara (at Annexure-B);
C. Pending admission, hearing and final disposal of the present petition, Your Lordships may be pleased to direct the Respondents to permit the petitioner to appear in departmental (subjective) Page 3 of 7 Uploaded by R.N. SAVARIYA(HC00179) on Fri Mar 20 2026 Downloaded on : Sat Mar 21 00:23:56 IST 2026 NEUTRAL CITATION C/SCA/2023/2026 ORDER DATED: 18/03/2026 undefined written examination - paper 2, to be conducted for the post of Unarmed Police Sub-Inspector; D. An ex-parte ad interim relief in terms of paras (B) & (C) may kindly be granted;"
5. At the outset, it was pointed out by learned Senior advocate Mr. Mitul Shelat appearing with Mr. Sahil M. Shah for the petitioners that at the time when the caste certificates of the petitioners were examined by the respondent No.3 - Chairman, Divisional Scrutiny Committee, Vadodara, on few occasions, the petitioners could not remain present and on certain occasions, the petitioners were not having sufficient documents. Learned Senior advocate Mr. Shelat demonstrated from the record that there is a pedigree of the petitioners produced in the respective petitions and the petitioners' blood relatives and cousins enjoy status of Schedule Tribe and they were granted Government jobs on the strength of the certificate of Schedule Tribe, but those Certificates at the relevant point of time were not available with the petitioners. Learned Senior advocate Mr. Shelat further submitted that there are few certificates relied upon by the authority which would indicate that the petitioners belong to SEBC community and not Schedule Tribe, that was believed by the Committee without assigning cogent reasons and without considering the fact that the petitioners could not produce necessary documents, which are now annexed along with the petitions, which would substantiate the claim of the petitioners that the petitioners belong to Schedule Tribe community. He, therefore, prayed that now since the petitioners are terminated from their respective jobs, if the matter is remanded back to consider the genuineness of the caste Page 4 of 7 Uploaded by R.N. SAVARIYA(HC00179) on Fri Mar 20 2026 Downloaded on : Sat Mar 21 00:23:56 IST 2026 NEUTRAL CITATION C/SCA/2023/2026 ORDER DATED: 18/03/2026 undefined certificates of the petitioners and to consider whether the petitioners really belong to Schedule Tribe or not, if the said exercise is carried out denovo, the same would not prejudice the rights of the respondents as the petitioners are already out of job on account of consequential order passed on the basis of order dated 19.12.2025 whereby the caste certificates of the petitioners were cancelled.
6. In support of his submissions, Mr. Shelat relied upon the decision of the Hon'ble Supreme Court in the case of Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti v. State of Maharashtra and others, (2023) 16 SCC 415 and prayed that the respondent authority may be directed to ratio of the said decision may be directed to be followed by the respondents and to hold affinity test of the petitioners for coming to the conclusion that the petitioners belong to Schedule Caste category.
7. Mr. Henil Shah, learned Assistant Government Pleader appearing for the respondents submitted that it cannot be disputed from the record that the petitioners could not produce the necessary documents which would indicate that some of the family members including the blood relatives and cousins of the petitioners are serving in the State Government on account of caste certificates issued to them certifying that they belong to Schedule Tribe category. It also could not be disputed that the petitioners could not produce those documents at the relevant point of time and, therefore, upon instructions received from Ms. Priti Thakkar, Chairman, Divisional Scrutiny Committee, Vadodara, respondent No.3 herein states that keeping all the rights and contentions of all the parties open, with a view to ensure that the petitioners may get Page 5 of 7 Uploaded by R.N. SAVARIYA(HC00179) on Fri Mar 20 2026 Downloaded on : Sat Mar 21 00:23:56 IST 2026 NEUTRAL CITATION C/SCA/2023/2026 ORDER DATED: 18/03/2026 undefined full opportunity to put forward their version in support of their claim that the petitioners belong to Schedule Tribe, the matter may be remanded back to the Chairman, Divisional Scrutiny Committee, Vadodara, respondent No.3 herein.
8. Resultantly, without opining anything on merits, the matter is remanded back to the Chairman, Divisional Scrutiny Committee, Vadodara, respondent No.3 herein for reconsideration as to whether the petitioners belong to Schedule Tribe or not. The respondent No.3 is further directed to give full opportunity to the petitioners to put forward all the documents which the petitioners intend to produce and the petitioners are directed to approach the respondent No.3 on 16.4.2026 and on that day, the respondent No.3 will give the date of hearing to the petitioners and on the said date, the petitioners are directed to produce all the documents on which they are relying. The respondent No.3 is expected to decide the issue by scrutinizing the caste certificates of the petitioners once again on the fresh material that may be produced by the petitioners within a period of three months from the date of first hearing that the respondent No.3 may grant. Further, in view of the observations made by the Hon'ble Supreme Court in the case of Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti v. State of Maharashtra and others (Supra), the respondent No.3 is directed to take into consideration the observations made by the Hon'ble Supreme Court in the above decision and re-examine the issue.
9. In view of the above, the impugned order dated 19.12.2025 passed by the Chairman, Divisional Scrutiny Committee, Vadodara - respondent No.3 is hereby quashed and set Page 6 of 7 Uploaded by R.N. SAVARIYA(HC00179) on Fri Mar 20 2026 Downloaded on : Sat Mar 21 00:23:56 IST 2026 NEUTRAL CITATION C/SCA/2023/2026 ORDER DATED: 18/03/2026 undefined aside. However, quashing of the order dated 19.12.2025 passed by the respondent No.3 will not entitle the petitioners to claim job or any other benefit on the basis of the present order unless and until the respondent No.3 re-examines the entire issue and passes fresh decision. Once the petitioners' caste certificates are scrutinized once again and if it is found that the petitioners actually belong to Schedule Tribe category, it will be open for the petitioners to file fresh petition or to make appropriate representation before the respondent authority for grant of consequential benefits including for reinstatement in service with the respective departments.
10. With the above observations and directions, both these petitions stand disposed of. No order as to costs.
(NIRZAR S. DESAI,J) SAVARIYA Page 7 of 7 Uploaded by R.N. SAVARIYA(HC00179) on Fri Mar 20 2026 Downloaded on : Sat Mar 21 00:23:56 IST 2026