Document Fragment View
Fragment Information
Showing contexts for: procured document in Hitesh Jagjivanbhai Parmar vs State Of Gujarat & 2 on 10 April, 2017Matching Fragments
[10] Learned advocates appearing for the respondents are heard. Learned Assistant Government Pleader Mr.Swapneshwar Goutam submitted that though the petitioner very well knew that he did not belong to Suthar caste, still made application to get the caste certificate for "Sai Suthar" caste. Mr.Goutam submitted that the petitioner, in fact, is Darji by caste, however, since the Darji are commonly called as "Sai", the petitioner unduly referred himself as "Sai Suthar" to get him issued the caste certificate of "Sai Suthar" for seeking benefit of reservation. Mr.Goutam submitted that when the HC-NIC Page 4 of 20 Created On Tue Aug 15 20:24:41 IST 2017 C/SCA/8478/2008 JUDGMENT school leaving certificate of the petitioner does not mention the caste of the petitioner as of "Sai Suthar", it was wrong on the part of the petitioner to apply for caste certificate for "Sai Suthar" caste. Mr.Goutam submitted that with the help of irrelevant documents procured from Sai Suthar Samaj and by filing misleading affidavit, the petitioner got the caste certificate issued to him for caste "Sai Suthar", though, he was, in fact, Darji by caste. Mr.Goutam submitted that when the impugned order was made, the Director was competent as per the Rules to make scrutiny of the caste certificate and, therefore, the impugned order cannot be said to be passed contrary to the decision of the Hon'ble Supreme Court in the case of Kumari Madhuri Patil (supra). Mr.Goutam submitted that if the caste certificate was invalidly issued, it is void ab initio and the delay would not come in the way in making declaration that the caste certificate is illegal ab initio. Mr.Goutam submitted that the Director has found as a matter of fact, during inquiry that by six documents produced by the petitioner, it is established that the caste of the petitioner is "Hindu Darji" but relying on wrong interpretation made in the affidavit filed by the petitioner that the Hindu Darji and Hindu Sai Suthar are one and same and without detailed independent inquiry, the caste certificate was issued to the petitioner. Mr.Goutam submitted that the impugned order made on such fact finding inquiry may not be interfered with by this Court in exercise of power under Article 226 of the Constitution.