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High Court of Gujarat

MAKWANA VIRA POLABHAIversusTHE STATE OF GUJARAT

Disposal
58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH

Holding

The Court directed the Mamlatdar officers to decide the pending applications and issue the Scheduled Tribe certificate in the Central Government‑prescribed format within two weeks.

Summary

The petitioner, a member of the Rabari Scheduled Tribe, sought a direction from the High Court to compel the Mamlatdar officers of Porbandar and Ranavav to issue a Scheduled Tribe certificate in the specific English format prescribed by the Central Government for examinations and admissions. Although the petitioner already possessed a caste certificate issued in 2011, the required format differed, and his applications dated 27‑01‑2025 and 17‑11‑2025 remained pending. The State of Gujarat contended that the existing certificate sufficed but agreed that pending applications could be addressed. The Court held that the petitioner must submit the certificate in the prescribed format and directed the Mamlatdar officers to decide the pending applications and issue the certificate within two weeks, attaching the required format as annexure. The order clarified that the certificate would be subject to scrutiny by the Caste Scrutiny Committee and that the direction was not a determination of the petitioner’s caste status.

Issues considered

  • Whether the Mamlatdar authorities are duty‑bound to issue a Scheduled Tribe certificate in the Central Government‑prescribed format when the petitioner already holds an earlier certificate.
  • Whether the High Court can issue a mandatory direction for the issuance of such a certificate within a specified time‑frame.

Subjects

Scheduled Tribe certificateCaste certificateCentral Government formatSpecial Civil ApplicationHigh Court directionMamlatdarAdministrative law Gujarat

Judgment

     C/SCA/3156/2026                              JUDGMENT DATED: 16/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 3156 of 2026


FOR APPROVAL AND SIGNATURE:


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

            Approved for Reporting               Yes          No

================================================================
                         MAKWANA VIRA POLABHAI
                                  Versus
                       THE STATE OF GUJARAT & ORS.
================================================================
Appearance:
MR GAUTAM JOSHI, SENIOR ADVOCATE WITH MR VIJAY H
NANGESH(3981) for the Petitioner(s) No. 1
MS NIRALI SARDA, ASST. GOVERNMENT PLEADER for the Respondent(s)
No. 1,2,3
================================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                             Date : 16/03/2026

                               JUDGMENT


1.      Rule, returnable forthwith. The learned AGP Ms. Nirali Sarda
waives service of rule on behalf of the respondents.


2.      By the present writ petition, the petitioner is praying for a
direction to the respondent Nos.2 and 3-Mamlatdar, Porbandar and
Ranavav to issue Schedule Tribe Certi'cate in the prescribed format
as required by the Central Government for appearing in Central
Government Examination as well as for admission under the Central
Government courses and University under the Central Government.




                                 Page 1 of 3
     C/SCA/3156/2026                            JUDGMENT DATED: 16/03/2026




3.      The learned counsel Mr. Vijay Nangesh 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 20.06.2011. The learned counsel submits that as per general
information of advertisement, a candidate has to bring SC/ST caste
certi'cate issued by the competent authority in the format prescribed
as prescribed by the Central Government and the same should be in
English language. The learned counsel submits that the petitioner,
accordingly, made an application dated 27.01.2025 to the respondent
No.2-Mamlatdar, Porbandar and dated 17.11.2025 to the respondent
No.2-Mamlatdar, Porbandar and respondent No.3 Mamlatdar, Ranavav
for issuing the Schedule Tribe Certi'cate in the prescribed format as
required by the Central Government. The learned counsel submits
that the said applications are pending consideration before the
respondent Nos.2 and 3. 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 appointment and
admission.


4.      The learned AGP Ms. Nirali Sarda appearing for the respondent
authorities submits that the petitioner has already been issued the
caste certi'cate. She submits that if the applications of the petitioner
are 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 appointment and admission, the petitioner is
required to submit the caste certi'cate issued by the competent
authority in the prescribed format as required by the Central


                                Page 2 of 3
        C/SCA/3156/2026                                                      JUDGMENT DATED: 16/03/2026




Government and the same should be in English. The petitioner has
accordingly made applications dated 27.01.2025 to the respondent
No.2-Mamlatdar, Porbandar and dated 17.11.2025 to the respondent
No.2-Mamlatdar,                Porbandar            and       respondent             No.3        Mamlatdar,
Ranavav. In view thereof, the respondent Nos.2 and 3-Mamlatdar,
Porbandar and Ranava are directed to decide the applications of the
petitioner dated 27.01.2025 and 17.11.2025 and issue the caste
certi'cate to the petitioner in the prescribed format as required by the
Central Government for appointment and admission. It is submitted
that the prescribed format has already been annexed with the petition
at page No.15 (Annexure-C). The respondent Nos.2 and 3 are directed
to issue the caste certi'cate in the prescribed format of the Central
Government within 2 weeks from the date of receipt of this order.


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 will be open for scrutiny by the Caste Scrutiny Committee and
the present order is not passed on the merits of the caste certi'cate
held by the petitioner.
           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 16/03/2026 18:27:10


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