MAKWANA MAYURI HARDASHBHAIversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- HEMANT M PRACHCHHAK
Holding
The Court directed the Mamlatdar to decide the pending application and issue the Scheduled Tribe certificate in the 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 & Executive Magistrate of Porbandar to issue a Scheduled Tribe certificate in the English format prescribed by the Central Government for examination and admission purposes. The petitioner had already obtained a caste certificate in 2011 but required the specific format for central government courses. The respondent authorities argued that the existing certificate sufficed but acknowledged the pending application for the prescribed format. The Court examined the necessity of the format and directed the Mamlatdar to decide the petitioner's application dated 27‑01‑2025 and issue the certificate within two weeks. The order clarified that the certificate would be subject to scrutiny by the Caste Scrutiny Committee and did not adjudicate the merits of the petitioner's tribal status. Consequently, the special civil application was disposed of.
Issues considered
- Whether the Mamlatdar & Executive Magistrate should be ordered to issue a Scheduled Tribe certificate in the format required by the Central Government.
- Whether the court can compel the administrative authority to decide a pending application for such a certificate.
Subjects
Judgment
C/SCA/3629/2026 JUDGMENT DATED: 16/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3629 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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MAKWANA MAYURI HARDASHBHAI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR VIJAY H NANGESH(3981) for the Petitioner(s) No. 1
MR ADITYA DAVDA AGP for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 16/03/2026
JUDGMENT
1. Rule, returnable forthwith. The learned AGP Mr. Aditya
Davda 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 No.2-Mamlatdar & Executive
Magistrate, Porbandar to issue Schedule Tribe Certi*cate in the
prescribed format as required by the Central Government for the
purpose of study and examination under Central Government
courses.
3. The learned counsel Mr. Nangesh appearing for the
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C/SCA/3629/2026 JUDGMENT DATED: 16/03/2026
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 to appear in the examination of central government and for
admission under central government course, a candidate has to
bring ST caste certi*cate issued by the competent authority in
the format 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 & Executive
Magistrate, Porbandar for issuing the Schedule Tribe Certi*cate
in the prescribed format as required by the Central Government.
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 neither be able to appear in the examination of central
government nor get admission under central government course.
4. The learned AGP Mr. 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. For the purpose of exam and admission under Central
Government, the petitioner is required to submit the caste
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C/SCA/3629/2026 JUDGMENT DATED: 16/03/2026
certi*cate issued by the competent authority in the prescribed
format as required by the Central Government and the same
should be in English. The petitioner has accordingly made an
application to the respondent No.2 on 27.01.2025. In view
thereof, the respondent No.2-Mamlatdar, Porbandar is directed
to decide the application of the petitioner dated 27.01.2025 and
issue the caste certi*cate to the petitioner in the prescribed
format as required by the Central Government. It is submitted
that the prescribed format has already been annexed with the
application made by the petitioner to the respondent No.2. The
respondent No.2 is 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)
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 17/03/2026 17:24:39
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