RUPAIBEN JETHABHAI CHAVDAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HEMANT M PRACHCHHAK
Holding
The Mamlatdar & Executive Magistrate must decide the petitioner's application and issue the Scheduled Tribe certificate in the prescribed format.
Summary
The petitioner, a member of the Rabari Scheduled Tribe, had a caste certificate issued on 21‑03‑2017 but required it in the English format prescribed by the Central Government for a Gujarat Directorate of Posts (GDS) recruitment. She applied on 12‑03‑2026 to the Mamlatdar & Executive Magistrate, Maliya Hatina, for issuance of a Scheduled Tribe certificate in that format. The respondent argued that the existing certificate sufficed but acknowledged the pending application. The Court held that the petitioner must be provided with a certificate in the prescribed format to secure the job and directed the Mamlatdar to decide the application and issue the certificate accordingly. The Court also clarified that the certificate may be subject to further scrutiny by the Caste Scrutiny Committee and ordered the special civil application disposed.
Issues considered
- Whether the Mamlatdar/Executive Magistrate is obligated to issue a Scheduled Tribe certificate in the Central Government‑prescribed English format when the petitioner already possesses a caste certificate.
Subjects
Judgment
C/SCA/4524/2026 JUDGMENT DATED: 02/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4524 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
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Approved for Reporting Yes No
No
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RUPAIBEN JETHABHAI CHAVDA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR HARDIK D MUCHHALA(5634) for the Petitioner(s) No. 1
MS NIRALI SARDA AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 02/04/2026
JUDGMENT
1. Rule, returnable forthwith. The learned AGP Ms. Nirali
Sarda, waives service of rule on behalf of the
respondents. With the consent of the respective parties,
the matter is taken up for final hearing today.
2. By the present Writ Petition, the petitioner is praying
for a direction to the respondent No.2 - Mamlatdar &
Executive Magistrate, Maliya Hatina, Dist. Junagadh to
issue Schedule Tribe Certificate in the prescribed format
as required by the Central Government for GDS
recruitment in various post office.
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
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C/SCA/4524/2026 JUDGMENT DATED: 02/04/2026
issued the caste certificate by the competent authority on
21.03.2017. He submits that the petitioner had applied
for GDS recruitment in Postal Department and upon
selection, she was called for document verification. The
learned counsel submits that the recruitment officer
instructed the petitioner to submit the caste certificate in
English in the prescribed format of Central Government
as per the notification. The learned counsel submits that
the petitioner, accordingly, made an application dated
12.03.2026 to the respondent No.2 Mamlatdar &
Executive Magistrate, for issuing the Schedule Tribe
Certificate 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 certificate is not issued to the petitioner, the
petitioner will lose her job.
4. The learned AGP Ms. Nirali Sarda, appearing for the
respondent authorities submits that the petitioner has
already been issued the caste certificate. She submits
that if the application of the petitioner is pending
consideration for issuance of caste certificate in the
prescribed format, then appropriate orders may be
passed.
5. Considered the submissions and perused the
documents on record. To secure the job in Postal
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C/SCA/4524/2026 JUDGMENT DATED: 02/04/2026
Department, the petitioner is required to submit the caste
certificate issued by the 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 12.03.2026. In view thereof, the
respondent No.2 Mamlatdar, is hereby directed to decide
the application of the petitioner dated 12.03.2026 and
issue the caste certificate to the petitioner in the
prescribed format as required by the Central Government
for securing the job in Postal Department. 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 clarified that the caste certificate issued in the
prescribed format can be subjected to any further
scrutiny by the Caste Scrutiny Committee. Direct service
is permitted.
Sd/-
(HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 06/04/2026 18:09:29
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