DHRUPESH HARESHBHAI CHAVDAversusSTATE OF GUJARAT

       C/SCA/6116/2025                                ORDER DATED: 04/02/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 6116 of 2025
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                         DHRUPESH HARESHBHAI CHAVDA
                                    Versus
                           STATE OF GUJARAT & ORS.
================================================================
Appearance:
MR NINAD P SHAH(10911) for the Petitioner(s) No. 1
MR NIKUNJ KANARA, AGP for the Respondent(s) No. 1,2,3
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     CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                               Date : 04/02/2026
                                ORAL ORDER

1.      Rule. Rule returnable forthwith. Learned AGP waives service of
notice of rule on behalf of the respondent-State.

2.      By the present writ petition, the petitioner is impugning the order
dated 31.05.2025 passed by the Mamlatdar, Ranavav by which the
petitioner’s application for issuance of caste certificate is rejected.

3.      Learned Senior Advocate Mr.Shalin Mehta appearing for the
petitioner submits that the learned Mamlatdar has not rendered any
findings on the documents so produced by the petitioner in support of his
caste claim. He submits that in the present case the petitioner had
produced the number of documents on record, however, the learned
Mamlatdar, in the impugned order, has only relied upon a few of the
documents selectively. He submits that the impugned order has been
passed only on the basis of five documents. He further submits that the
impugned order also does not record any finding as to the genuineness of
the documents, which are relied upon by the petitioner herein.

4.      Learned Senior Advocate Mr.Mehta submits that the petitioner has
relied upon the caste certificates issued in favour of immediate family
members as well as the cousins of the petitioners. He submits that the

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     C/SCA/6116/2025                                ORDER DATED: 04/02/2026




petitioner was also recommended for issuance of caste certificate by the
Scheduled Tribe Caste Certificate Committee headed by the learned
Mamlatdar vide communication dated 10.04.2017, wherein three
members’ committee has concluded that the petitioner is entitled for the
status of Scheduled Tribe. He submits that the Mamlatdar by the
impugned order could not have taken a contrary view. He further submits
that even the findings recorded on the basis of documents so relied upon
by the learned Mamlatdar are inconclusive. He, therefore, submits that
the impugned order is bad in law and the same be remanded back for
fresh adjudication since the only reasoning granted by the learned
Mamlatdar is that the documents so produced by the petitioner in support
of his claim are unsatisfactory, and therefore the caste certificate has been
denied to the petitioner.

5.    Per contra, Mr.Ninkunj Kanara, learned AGP appearing for the
respondents submits that the learned Mamlatdar has scrutinized all the
documents submitted by the petitioner in support of his contentions. He
submits that as per the reasons recorded by the learned Mamlatdar, the
petitioner has submitted the documents of which the genuineness could
not be ascertained. He submits that some of the documents could not be
verified from the copies submitted by the petitioner from the official
records. He, therefore, submits that the learned Mamlatdar has come to a
conclusion that the evidence in support of the caste claim is not
satisfactory and accordingly, he has rejected the claim of the petitioner.
He further submits that if the petitioner is aggrieved by the order, he has
an alternative efficacious remedy of appeal before the Additional
Collector.



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     C/SCA/6116/2025                               ORDER DATED: 04/02/2026




6.    Heard the learned counsel for the parties. Considered the
submissions and perused the documents on record.

7.    In the present case, the petitioner has produced the caste
certificates issued to his grandfather, thereafter to his father, to his
mother, to his uncles and his cousins. The petitioner has also produced on
record the minutes of the meeting dated 10.04.2017 of the Scheduled
Tribe Caste Committee under the Chairmanship of Mamlatdar, Ranavav,
wherein the petitioner has been granted the status of Scheduled Tribe.
The said committee has also taken into consideration the Vigat Darshak
Card issued to the grandfather of the petitioner while granting such status
of the Scheduled Tribe to the petitioner. The impugned order dated
31.05.2025 is totally silent on these documents which have been relied
upon by the petitioner. In the impugned order, the learned Mamlatdar,
while making observations on the existence of the Ness, has not rendered
any finding thereon. Further, even on the documents so considered by the
learned Mamlatdar, no definite findings have been rendered in respect of
their genuineness.

8.    In view of the overall analysis of the documents annexed with the
writ petition as well as purported to have been produced before the
learned Mamlatdar, this Court is of the opinion that the case of the
petitioner is required to be remanded back to respondent no.4-Mamlatdar
for consideration afresh. The Mamlatdar shall take into consideration all
the documents, which are produced by the candidate in support of his
claim. Learned Mamlatdar shall give a finding in respect of the
genuineness and veracity of each and every documents so produced
before him and render its finding either accepting or rejecting the same


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       C/SCA/6116/2025                                                   ORDER DATED: 04/02/2026




with cogent reasons.


9.       The learned Mamlatdar shall examine the claim of the petitioner by
following the prescribed procedure under the Act. The learned Mamlatdar
shall dispose of the application of the petitioner within a period of four
months from the date of receipt of this order. The petitioner shall be
granted an effective hearing and the principles of natural justice shall be
followed. The learned Mamlatdar shall pass a reasoned order dealing with
all the contentions raised by the petitioner. It is clarified that this Court
has not gone into the merits of the case and no opinion is expressed
thereon.

10.      The present writ petition is allowed to the aforesaid extent. Rule is
made absolute to the aforesaid extent. No order as to costs.


                                                                           Sd/-
                                                                  (ANIRUDDHA P. MAYEE, J.)
ABHISHEK/1
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ABHISHEK DASHRATHBHAI PRAJAPATI(HC01389), GOV, at High Court of Gujarat on 09/02/2026 14:44:54




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