BHILESHA HARISHKUMAR UMAJIversusTHE STATE OF GUJARAT

     C/SCA/16527/2023                                 JUDGMENT DATED: 10/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 16527 of 2023


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
================================================================

             Approved for Reporting                 Yes           No

================================================================
                        BHILESHA HARISHKUMAR UMAJI
                                   Versus
                        THE STATE OF GUJARAT & ANR.
================================================================
Appearance:
MS AMI N BHATT(3372) for the Petitioner(s) No. 1
MR NIKUNJ KANARA, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
================================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                                Date : 10/03/2026

                               ORAL JUDGMENT


1.       Rule returnable forthwith. Mr. Nikunj Kanara, learned Assistant
Government Pleader, waives service of notice of Rule, for and on
behalf of the respondent No.1.
         Though notice is served, none has #led appearance on behalf of
the respondent No.2.


2.        Present petition is #led by the petitioner under Articles 226 &
227 of the Constitution of India seeking following reliefs :

         “A. That the Hon’ble Court may be please to admit and allow the present
         application;



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         B. The Hon’ble Court may be pleased to direct the Respondent No.2 to issue
         the Scheduled Cast Certi!cate to the son of the present petitioner who
         made an application dated 27/7/2022 at Annexure-”A” as he belongs to the
         cast namely of (Meghwal Vankar) Hindu which is a Scheduled Caste;

         C. The Hon’ble Court may be pleased to direct the Respondent No.2 to
         issue the Scheduled Cast Certi!cate to the present petitioner;

         D. That the Hon’ble Court may be pleased to pass such other and further
         orders may be deemed just and proper looking to the facts and
         circumstances of the case and in the interest of the justice.”


3.       It is the case of the petitioner that, the petitioner made an
application on 27.07.2022 to take Scheduled Caste Certi#cate from
the Social Welfare and Justice Department, Ahmedabad respondent
No.2 herein for his son namely, Chirag Harishkumar Bhilesha, who
was born on 23.10.2007 for taking Scholarship for further education
purpose. That, when the petitioner personally went to the O5ce of the
respondent authority, it was answer by the authority that as the
applicant was having native place at Sihare, situated in Rajasthan and
the applicant and the present petitioner’s native place is not Gujarat,
they would have to produce the evidence prior to the year 1950. That,
on 23.09.2022, the petitioner again made an application before the
the respondent authority reminding for issuance of caste certi#cate
through Registered A.D. and also personally visited the O5ce of the
respondent authority, however, there was no response from the
respondent authority and till date, the petitioner is waiting for some
positive reply.


4.       Being aggrieved with the same, the petitioner has preferred this
petition.


5.       Heard Ms. Ami N. Bhatt, learned counsel appearing for the
petitioner and Mr. Nikunj Kanara, learned AGP appearing for the



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respondent authority.


6.       Learned counsel Ms. Bhatt has submitted that the City
Mamlatdar O5cer, Gujarat had issued Caste Certi#cate to Bhilesha
Harish son of Umaji, Ahmedaad that petitioner belongs to Hindu
Meghwal Caste which is Recognized as Schedule Caste vide G.R.No.
2539 dated 01.07.1994. She has submitted that the petitioner
belongs to the Meghwal Caste which is included in the Schedule Caste
List and the above list was also annexed with the application made for
the Son of the present petitioner, however, the authority remained
silent and not given any reply or issued the Schedule Cast Certi#cate
to the present petitioner. She has submitted that the Gujarat
Government, Social Welfare and Justice Department, Sachivalya,
Gandhinagar published one Resolution dated 10.03.2000 and
declared that there are some groups which are living in Jamnagar,
Kutch and Surendranagar District and they are known as Jadeja
Meghwal, Maheshwari Meghwal, Vankar Meghwal or Chankya
Meghwal, wherein, it is clari#ed that these above mentioned caste is
Meghwal Cast only and not declared as di?erent cast than Meghwal,
these all the sub cast is known as Meghwal Community only and they
are having all the Legal Rights to be as Meghwal caste which isa
Schedule Caste only and all are entitled to have a right of Schedule
Caste and they are eligible to take Certi#cate of the Schedule Caste.
She has further submitted that after making application to the
concerned authority to issue the Schedule Caste Certi#cate for his son
Chirag in written for more than 3 times and also went personally to
ask about the decision and for issuing the Certi#cate for the Meghwal
Caste, which is falling under the Schedule Caste Category, however,
the respondent authority is not issuing the Certi#cate which is against
the Law and principles envisaged under the Constitution of India and


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thus, the Fundamental Rights are violated by the concerned authority
to the present petitioner and his son. She has further submitted that
the Birth Place of the petitioner is Ahmedabad and his date of birth is
07.06.1975 and the father of the petitioner is also leaving in Gujarat
since so many years passed before the present petitioner's birth
having his own house at Meghaninagar, Ahmedabad and their cast is
Meghwal and surname is Bhilesha and the petitioner is staying with
his father, mother, wife and 2 children and they are also having their
BPL Card on their names, though they are having all the records
showing that they all are with his family staying here since long,
however, the respondent authority is not issuing the Caste Certi#cate
to the son of the petitioner and therefore, learned counsel Ms. Bhatt
has urged that the present petition be allowed by directing the
respondent authority to consider the case of the petitioner.


7.       Learned AGP Mr. Kanara has pointed out to this Court that
objection was raised by the respondent authority that as the
petitioner has not produced relevant documents prior to the year
1950 that in Rajasthan the petitioner falls under the category of
Scheduled Caste, the respondent authority has not considered the
case of the present petitioner.


8.       I have heard the learned counsel appearing for the respective
parties and perused the material placed on record. In fact the case of
the petitioner is that, the petitioner is residing in Gujarat with his
family since years together and that particular caste is recognized by
the State of Gujarat as Scheduled Caste by virtue of Resolution dated
10.03.2000 and therefore, considering the facts of the case, let the
petitioner prefer a fresh application before the concerned authority
alongwith all the necessary documents which the petitioner is having,


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  within a period of one week from the date of receipt of writ of this
  Order and on receipt of such application, the concerned authority is
  hereby directed to decide the same in accordance with law, within a
  period of four weeks from the date of receipt of the application, after
  giving proper opportunity to the petitioner and issue the Schedule
  Caste Certi#cate to the son of the petitioner if, entitled for the same.


  9.          With the above observation and direction, the present petition
  stands disposed o?. Rule is made absolute.
              Direct service is permitted.



                                                                     (HEMANT M. PRACHCHHAK,J)

  Dolly




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 11/03/2026 16:27:00

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