KAUSHIK KAMLESHBHAI BHARAIversusTHE STATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- HEMANT M PRACHCHHAK
Holding
The Court directed the Mamlatdar, Upleta to decide the petitioner's application dated 06‑02‑2026 and issue the Scheduled Tribe certificate in the prescribed format required by the Central Government.
Summary
The petitioner, a member of the Rabari Scheduled Tribe, sought a direction from the High Court to compel the Mamlatdar & Executive Magistrate of Upleta to issue a Scheduled Tribe certificate in the English format prescribed by the Central Government, which was required for securing an apprenticeship with Bank of Baroda. The petitioner already possessed a caste certificate issued on 01‑09‑2009 but needed it in the specific format for document verification by the bank. The respondent authorities argued that the existing certificate existed and that the pending application could be dealt with accordingly. The Court examined the submissions and noted that the apprenticeship requirement mandated a certificate in the prescribed format. Consequently, the Court directed the Mamlatdar to decide the petitioner's application dated 06‑02‑2026 and issue the certificate in the required format, subject to later scrutiny by the Caste Scrutiny Committee. The Special Civil Application was thereafter disposed.
Issues considered
- Whether the Mamlatdar should be ordered to issue a Scheduled Tribe certificate in the Central Government‑prescribed English format to the petitioner.
- Whether the existing caste certificate suffices for the apprenticeship requirement or a new formatted certificate is necessary.
- Whether the Court can direct issuance of the certificate pending the Mamlatdar's consideration of the petitioner's application.
Subjects
Judgment
C/SCA/2512/2026 JUDGMENT DATED: 30/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2512 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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Approved for Reporting Yes No
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KAUSHIK KAMLESHBHAI BHARAI
Versus
THE STATE OF GUJARAT & ANR.
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Appearance:
MR HARDIK D MUCHHALA(5634) for the Petitioner(s) No. 1
MR ADITYA DAVDA AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 30/03/2026
JUDGMENT
1. Rule, returnable forthwith. The learned AGP Mr. Aditya
Davda waives service of rule on behalf of the respondents. With
the consent of the respective parties, the matter is taken up for
"nal hearing today.
2. By the present Writ Petition, the petitioner is praying for a
direction to the respondent No.2 - Mamlatdar & Executive
Magistrate, Upleta to issue Schedule Tribe Certi"cate in the
prescribed format as required by the Central Government for the
purpose of securing apprenticeship in Bank of Baroda.
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C/SCA/2512/2026 JUDGMENT DATED: 30/03/2026
3. The learned counsel Mr. Hardik D. Muchhala appearing for
the petitioner submits that the petitioner belongs to Rabari
Caste, which is a Scheduled Tribe Category. He submits that the
petitioner has already been issued the caste certi"cate by the
competent authority on 01.09.2009. He submits that the
petitioner had applied for apprenticeship in Bank of Baroda and
upon selection he was called for document veri"cation. The
learned counsel submits that the recruitment o3cer instructed
the petitioner to submit the caste certi"cate in English in the
prescribed format of Central Government as per the noti"cation.
The learned counsel submits that the petitioner, accordingly,
made an application dated 06.02.2026 to the respondent No.2
Mamlatdar & Executive Magistrate, Upleta for issuing the
Schedule Tribe Certi"cate in the prescribed format. The learned
counsel submits that the said application is pending
consideration before the respondent No.2. He submits that
appropriate directions are required to be passed. He submits that
if the said certi"cate is not issued to the petitioner, the petitioner
will lose his apprenticeship in Bank of Baroda.
4. The learned AGP Mr. Aditya Davda appearing for the
respondent authorities submits that the petitioner has already
been issued the caste certi"cate. He submits that if the
application of the petitioner is pending consideration for issuance
of caste certi"cate in the prescribed format, then appropriate
orders may be passed.
5. Considered the submissions and perused the documents on
record. To secure the apprenticeship in Bank of Baroda, the
petitioner is required to submit the caste certi"cate issued by the
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C/SCA/2512/2026 JUDGMENT DATED: 30/03/2026
competent authority in the prescribed format as required by the
Central Government and the same should be in English
language. The petitioner has accordingly made an application to
the respondent No.2 on 06.02.2026. In view thereof, the
respondent No.2 Mamlatdar, Upleta is directed to decide the
application of the petitioner dated 06.02.2026 and issue the
caste certi"cate to the petitioner in the prescribed format as
required by the Central Government for securing the
apprenticeship in Bank of Baroda. It is submitted that the
prescribed format has already been annexed with the application
made by the petitioner to the respondent No.2.
6. With the aforesaid direction, the present Special Civil
Application stands disposed of. Rule is made absolute to the
aforesaid extent.
7. It is clari"ed that the caste certi"cate issued in the
prescribed format can be subjected to any further scrutiny by the
Caste Scrutiny Committee.
Direct service is permitted.
(HEMANT M. PRACHCHHAK,J)
ANUSRI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 01/04/2026 17:18:59
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