Gujarat High Court
Dinanath Mahadev Nimje vs State Of Gujarat on 7 May, 2018
Author: A.J. Shastri
Bench: A.J. Shastri
C/SCA/4251/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4251 of 2018
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DINANATH MAHADEV NIMJE
Versus
STATE OF GUJARAT
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Appearance:
MR.SHELAT FOR MR. ASHOK A PUROHIT(6267) for the PETITIONER(s)
No. 1
NOTICE SERVED BY DS(5) for the RESPONDENT(s) No. 1,2,3
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CORAM: HONOURABLE MR.JUSTICE A.J. SHASTRI
Date : 07/05/2018
ORAL ORDER
1. The present petition under Article 226 of the Constitution of India is filed for the purpose of seeking the following reliefs:
"(A) Be pleased to Admit the petition, (B) Your Lordships may be pleased to allow the present petition by issuing writ of mandamus or in nature of writ of mandamus may be issued against the respondent No.3 to rectifiy caste in School leaving certificate i.e. Hindu Halba instead of Hindu Maratha.
(C) Your Lordship may be pleased to direct the respondent to issue a fresh/rectified School leaving Certificate with the correct caste i.e. Hindu Halba on the ground of School leaving certificate of my brothers in which the right caste has been mentioned and on the basis of certificate issued by my community mandal namely 'Halba Yuvak Mandal' which is my Page 1 of 4 C/SCA/4251/2018 ORDER correct caste: Hindu - Halba in place of Hindu -
Maratha.
(D) Grant such other and further relief(s) as deemed just and proper by this Hon'ble Court in the interest of justice."
2. At the outset, when the matter is taken up for hearing, Mr.Shelat, learned advocate appearing for Mr.Ashok Purohit, learned advocate for the petitioner has submitted that on previous occasion, pursuant to the notice of this Court, one Mr.Virjibhai on behalf of the respondent - School has remained present and he has no objection if appropriate direction to reconsider is issued by the Court.
3. Considering this submission, Mr.Shelat, learned advocate for the petitioner has pointed out that in the caste certificate issued by the Central Government reflecting on page 19, the caste which is mentioned is 'Halba' and additionally, the Certificate of his brother issued by Amrita Madhyamik Sakha, reflecting on page 13A, has also recorded the caste as 'Hindu Halba' and he has submitted that through inadvertence, in the present school, the caste is reflecting as 'Hindu Maratha'.
4. In view of the aforesaid submissions, the learned advocate appearing for the petitioner has requested that some Page 2 of 4 C/SCA/4251/2018 ORDER appropriate directions be issued upon the School authority to verify in detail all these relevant documents and to correct the mistake which has occurred through inadvertence.
5. Considering this solitary submission, this Court deems it proper to dispose of the petition with the following directions:
(i) The petitioner shall appear before the respondent authorities within a period of one week from today with a fresh application alongwith all materials which are produced on record of the petition including the caste certificate.
(ii) Upon receipt of the said material, the respondent No.3 school authority shall examine and consider the request of the petitioner within a period of 4 weeks from the date of receipt of the order of this Court. If the school authority comes to a conclusion that the mistake is required to be corrected, then after passing necessary order, the same shall be sent to the higher authority i.e. District Administration Officer for onward action.
6. In this view of the matter, the Court, without examining anything on merit, has relegated the petitioner to respondent No.3 authority, it is expected that the respondent Page 3 of 4 C/SCA/4251/2018 ORDER No.3 authority shall take appropriate decision in this regard within the time schedule prescribed by this Court.
7. In view of peculiar circumstances, since the principal of the school has remained present and conveyed no objection for reconsideration, the present petition stands disposed of.
8. As and when the District Education Officer receives the decision of the school authority and any verification is required in this regard, it would be open for the concerned District Education Officer to carry out the process in accordance with law.
9. With these observations, present petition stands disposed of, with no order as to cost.
(A.J. SHASTRI, J) ALI Page 4 of 4