Gujarat High Court
Mayankkumar Ramanlal Dave vs State Of Gujarat on 30 July, 2025
NEUTRAL CITATION
C/SCA/12053/2008 JUDGMENT DATED: 30/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12053 of 2008
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE SANDEEP N. BHATT
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Approved for Reporting Yes No
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MAYANKKUMAR RAMANLAL DAVE
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS VARNIKA SINGH FOR MR SAURABH M PATEL(5019) for the
Petitioner(s) No. 1
MS SURBHI BHATI, AGP for the Respondent(s) No. 1
RULE NOT RECD BACK for the Respondent(s) No. 2,5
RULE SERVED BY DS for the Respondent(s) No. 1,3,4
SERVED BY RPAD (R) for the Respondent(s) No. 6
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 30/07/2025
ORAL JUDGMENT
1. This petition is filed for the following prayers:
"9(A) Admit and allow this petition;
(B) call for record and proceedings in respect of the report/resolution dated 30.6.2008 passed by the Scrutiny Committee on the basis of which the impugned order has been passed;
(C) issue writ of mandamus and/or any other appropriate writ, order or direction quashing and setting aside order Page 1 of 15 Uploaded by U. SRILATHA(HC00185) on Fri Aug 01 2025 Downloaded on : Sat Aug 02 00:44:55 IST 2025 NEUTRAL CITATION C/SCA/12053/2008 JUDGMENT DATED: 30/07/2025 undefined dated 30.08.2008 passed by the respondent no.1-Commissioner and further may be pleased to declare that the caste certificate issued to the petitioner is genuine and in accordance with law and the petitioner is eligible for all the benefits granted as per the said caste certificate; (D) pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to stay the execution, implementation and operation of the order dated 30.08.2008 passed by the respondent no.1-Commissioner and further may be pleased to direct the respondent no.3-
Committee not to withdraw the benefits granted to the petitioner in pursuance of the order dated 3.08.2008; and further may be pleased to direct the respondents herein not to take any coercive steps against the petitioner in respect of the impugned order;
(E) grant ex-parte interim relief in terms of aforesaid paragraph no.9(D);
(F) xxxx"
2. The brief facts as stated in the petition are such that the petitioner possesses the qualification of Diploma in Pharmacy and at present working as Pharmacist with Employees State Insurance Scheme at Godhra for the last more than two years on adhoc post on the basis of his qualification; that the mother of the petitioner namely Elisabeth Semual Patel (Damor) is a Bhil Khristi (belonged Page 2 of 15 Uploaded by U. SRILATHA(HC00185) on Fri Aug 01 2025 Downloaded on : Sat Aug 02 00:44:55 IST 2025 NEUTRAL CITATION C/SCA/12053/2008 JUDGMENT DATED: 30/07/2025 undefined to Schedule Tribe) prior to her marriage; thereafter she got married with Ramanlal Drujibhai Dave, father of the petitioner, who belonged to general category and out of the said wedlock, the petitioner was born; therefore, the petitioner is eligible to the benefits of the caste of his mother in pursuance of the Government Resolution dated 31.08.1987 bearing No.SCW-1087-947-B passed by the respondent-Social Welfare Department of the Government of Gujarat; therefore, the petitioner was issued the caste certificate on 13.7.1992; even the Central Government has also taken into consideration the said aspect vide its circular dated 2.5.1975.
3. It is further stated that on the basis of the said caste certificate, the petitioner applied for Diploma in Pharmacy through the respondent no.3-committee; the respondent no.3 asked to verify about the genuineness of the caste certificate of the petitioner vide its letter dated 13.10.1999 and also asked as to whether the petitioner can be granted the benefits in view of the aforesaid caste certificate or not and also addressed a letter dated 28.9.1999 to the Vigilance Officer of the respondent no.2; the respondent no.6 submitted its report with regard to the genuineness of the caste certificate to the respondent no.5 in pursuance of the meeting of the District Level Scrutiny Committee, whereby he has verified almost all the documents Page 3 of 15 Uploaded by U. SRILATHA(HC00185) on Fri Aug 01 2025 Downloaded on : Sat Aug 02 00:44:55 IST 2025 NEUTRAL CITATION C/SCA/12053/2008 JUDGMENT DATED: 30/07/2025 undefined and ascertained the caste certificate of the petitioner as a genuine one and that it is issued in accordance; that thereafter, on 30.8.2008, the impugned order is passed by the respondent no.1-Commissioner by cancelling the caste certificate of the petitioner and also directed the respondent no.3-Committee to withdraw the benefits granted to the petitioner on the basis of the said caste certificate i.e. the certificate of Diploma of Pharmacy. Hence, this petition is filed.
4. Heard learned advocates for the parties. 4.1 Learned advocate for the petitioner has submitted that the respondent no.3 had asked for verification of certificate in the year 1999 and the impugned order in that respect is passed in the year 2008 i.e. after a period of ten years; that the father of the petitioner used to stay at the residence of his father-in-law, which is stated by the Panchkyas which is not considered by the respondent no.1 and that as the petitioner is a citizen of democratic country, he is entitled to follow and practice the customs and norms of any religion even if he may of any caste or community and no one force him to follow particular customs of any religion, which fact has been enunciated in the resolution of the state government of the year 1987, Page 4 of 15 Uploaded by U. SRILATHA(HC00185) on Fri Aug 01 2025 Downloaded on : Sat Aug 02 00:44:55 IST 2025 NEUTRAL CITATION C/SCA/12053/2008 JUDGMENT DATED: 30/07/2025 undefined especially clause no.3; that the impugned order is passed after a period of ten years with retrospective effect and the entire career of the petitioner will be ruined as the petitioner has completed Diploma in Pharmacy on the basis of the said caste certificate and obtained job on the basis of the said qualification. She, therefore, submitted that setting the clock back after a period of ten years by cancelling the caste of the petitioner is absolutely, unjust, improper and arbitrary. She, therefore, prayed to allow this petition.
5. Per contra, learned AGP has submitted that the Scheduled Tribe Caste certificate of the petitioner was issued by the District Social Welfare Officer, District Panchayat, Godhra, District Panchmahal on 13.7.1992; that in the School Leaving Certificate of the petitioner issued on 30.4.1999, the caste of the petitioner is shown as `Hindu Nagar Brahmin'; that the petitioner remained present before the Scrutiny Committee on 9.10.2007 and after scrutinizing all the documents, it came to the conclusion to cancel the caste certificate of the present petitioner by the impugned order. She submitted that the when the school leaving certificate shows that he belonged to Hindu Nagar Brahmin and there is nothing to show that he had suffered humilities or deprivations or indignities of any nature, which is often found to be suffered by a member of the Scheduled Tribe and Page 5 of 15 Uploaded by U. SRILATHA(HC00185) on Fri Aug 01 2025 Downloaded on : Sat Aug 02 00:44:55 IST 2025 NEUTRAL CITATION C/SCA/12053/2008 JUDGMENT DATED: 30/07/2025 undefined further looking to the report dated 11.6.2008 of the TRTI, Ahmedabad, it is found that he got married with a Brahmin girl and is nowhere connected with the ST community; that when the parents of the petitioner got married, they stayed with his maternal grandfather for sometime due to the job they were doing in a small village and thereafter the petitioner was born at Dahod and his brought up was also done at Dahod and not at the place of the mother of the petitioner and therefore he does not belong to Adivasi (ST) community and therefore the impugned order cannot be said to be improper and arbitrary. She, therefore, prayed to dismiss this petition.
5.1 In support of her submissions, learned AGP has relied on the following citations:
(1) Kumari Madhuri Patil V/s Addl.Commissioner reported in 1994 SCC (6) 241 of the Hon'ble Apex Court.
(2) Anjan Kumar V/s Union of India & Ors., reported in AIR 2006 SC 1177 of the Hon'ble Apex Court.
(3) Bhupendrasinh Vechatbhai Khant V/s Commissioner, Tribal Development Department decided on 5.7.2018 passed in Special Civil Application No.3239 of 2018 by this Court.
6. I have heard the learned advocates for the parties and perused the material on record.
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NEUTRAL CITATION C/SCA/12053/2008 JUDGMENT DATED: 30/07/2025 undefined 6.1 It transpires from the record that the petitioner's father belonged to a Brahmin community and the mother belonged to Tribal Chrisitian and out of the said wedlock, the petitioner is born; that the parents of the petitioner were serving in a small place where the petitioner's maternal grandfather was residing; thereafter, they shifted to Dahod where the petitioner was born on 6.10.1980; the caste certificate was issued on 13.7.1992. In the school leaving certificate of the year 1999, the caste of the petitioner is mentioned as Hindu Nagar Brahmin. The petitioner obtained the admission in Diploma of Pharmacy based on the caste certificate of the year 1992.
6.2 Though the caste certificate is issued in the year 1992 which was under scrutiny till the impugned order was passed in the year 2008, the school leaving certificate was issued in the year 1999 which shows that the petitioner belongs to Hindu Nagar Brahmin, which was subsequent to the caste certificate, which means that the petitioner was residing with his father and enjoyed the facilities of a upper community. It is nowhere the case of the petitioner that he had ever undergone sufferings of scheduled tribes like humiliations or indignities etc. Page 7 of 15 Uploaded by U. SRILATHA(HC00185) on Fri Aug 01 2025 Downloaded on : Sat Aug 02 00:44:55 IST 2025 NEUTRAL CITATION C/SCA/12053/2008 JUDGMENT DATED: 30/07/2025 undefined 6.3 Further, from the report dated 11.6.2008 issued by the TRTI, Ahmedabad on the basis of which the impugned order is passed (translated to English) reads as under:
"Dave Mayankkumar Ramanlal's mother Elizabeth Samuelbhai Damor belongs to the Bhil Christian caste of village-gamdi, Ta. Jalod, Dist. Dahod. Mrs. Elizabeth's father Late Samuelbhai Damor is himself a Bhil Christian Damor. Majkur Mayankkumar's mother Mrs. Elizabeth was working as a health worker and nurse in the government health service in the primary health center in the year 1972. During that time, she had an inter-caste marriage (court marriage) with Dave Ramanlal, a doctor of the primary health center. Both the couple were working in the primary health center at Gamdi village and Gamdi village is the village of Elizabeth's father, so after marriage they stayed at the house of Elizabeth's father, late Samuelbhai Damor, i.e. Majkur's younger brother in Gamdi village. During the investigation, a panchayasa was conducted in the presence of the sons and family members of petitioner's mother's father, late Samuelbhai Damor, and the village Sarpanch. The panchayasa stated in the panchayasa that both the parents of Mayank Dave had an inter-caste marriage (court marriage). Therefore, Elizabeth's father and family members had kept petitioner's father Ramanlal Dave as 'gharjamai' as per the customary practice in the tribal society and settled both the couple in their family and given Page 8 of 15 Uploaded by U. SRILATHA(HC00185) on Fri Aug 01 2025 Downloaded on : Sat Aug 02 00:44:55 IST 2025 NEUTRAL CITATION C/SCA/12053/2008 JUDGMENT DATED: 30/07/2025 undefined a share in the house and land. Therefore, this couple has been accepted by our society. They have also accepted the customs and traditions of the tribal society. In the panchayasa conducted by the panchayasa, it is stated that petitioner's father has been accepted as 'gharjamai'. But in tribal society, 'gharjamai' is generally kept only when one does not have sons among his children, here Mayank Dave's younger brother has sons. This couple has lived in petitioner's younger brother's house only because he was working, that is, it seems that they have attended the customs and social events of the tribal society and have been associated with the tribal society. While petitioner's mother's other sisters and brothers have married in the tribal Bhil Christian society. But petitioner Mayankkumar Dave got married to the daughter of Shri Dilipbhai Vyas at Govindnagar Dahod in the year 2006. Petitioner's sister Hemangini Dave also got married in a Nagar Brahmin family at Manjalpur Vadodara. Both these siblings did not get married in a Bhil-Christian family. And they did not get married in a temple as per the customs of the Bhil Christian tribal society. There is no information about the customs of the tribals. Therefore, looking at these social relations at present, it can be known that he has social relations in a non-tribal society (Brahmin family) rather than a Bhil Christian Damor.
Looking at the above details, Mayankkumar Dave's current social relations are not found in the tribal Bhil-Christian.Page 9 of 15 Uploaded by U. SRILATHA(HC00185) on Fri Aug 01 2025 Downloaded on : Sat Aug 02 00:44:55 IST 2025
NEUTRAL CITATION C/SCA/12053/2008 JUDGMENT DATED: 30/07/2025 undefined But since both his parents were working in his grandfather's village, he stayed at the house of his grandfather Samuelbhai Damor and during that time he participated in social relations and customs with the tribal society. But then petitioner Mayankkumar Dave was born in Dahod. Thus, petitioner was brought up not in his mother's village but in Dahod and also got married in a Brahmin family in a non- tribal society. Looking at this whole matter, a clear conclusion can be drawn.
It can be concluded that Shri Mayankbhai Dave currently has no relations with the tribal community, these relations have been shown only for the caste certificate and thus he does not have the status of a tribal.
Petitioner's sister Hemangini has also obtained a caste certificate of a Scheduled Tribe which is also not correct. So that in the future, taking her example, other people do not try to obtain a caste certificate"
6.4 Thus, it is clear that the petitioner was never brought up as a `tribal christian', on the contrary, he is brought up as a `brahmin' which means he enjoyed the societal status of a forward class. However, in the service, he is enjoying the benefits which are conferred on a scheduled caste only on the basis of the caste certificate. This means that the petitioner is taking benefits of both the castes of his parents, which cannot be approved. Further, the caste Page 10 of 15 Uploaded by U. SRILATHA(HC00185) on Fri Aug 01 2025 Downloaded on : Sat Aug 02 00:44:55 IST 2025 NEUTRAL CITATION C/SCA/12053/2008 JUDGMENT DATED: 30/07/2025 undefined system is ingrained in the minds of Indians and by way of the same, in absence of any statutory law, the children inherit their caste from their father and not from the mother, in case of inter-caste marriages. The say of the petitioner that his father used to stay at the place of his maternal grandfather also cannot be believed in view of the Indian set-up where a Brahmin boy staying at the house of his wife after marriage, that too, before a period of about 45 years is not digestible. It may happen that for some time, for the sake of convenience, the arrangement be made to stay but that does not mean that the father of the petitioner has adopted the customs of the mother of the petitioner, as thereafter, the petitioner's parents continued to stay at a different place. Further, from the report of the TRTI, it is mentioned that the Adivasi set-up has a custom that the son-in-law stays with the parents of the wife only when there is no brother of the wife, in this case, it is coming on record that the mother of the petitioner has brothers and therefore also the say that his father was residing at the house of his maternal grandfather is not believable. 6.5 This issue is discussed and decided in a number of judgments by the Hon'ble Apex Court as well as the High Courts.
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NEUTRAL CITATION C/SCA/12053/2008 JUDGMENT DATED: 30/07/2025 undefined 6.6 In the case of Anjan Kumar (supra), it is held as under:
"In view of the catena of decisions of this Court, the questions raised before us are no more res integra. The condition precedent for granting tribe certificate being that one must suffer disabilities wherefrom one belongs. The offshoots of the wedlock of a tribal woman married to a non-tribal husband - Forward Class (Kayastha in the present case) cannot claim Scheduled Tribe status. The reason being such offshoot was brought up in the atmosphere of Forward Class and he is not subjected to any disability. A person not belonging to the Scheduled Castes or Scheduled Tribes claiming himself to be a member of such caste procuring a bogus caste certificate is a fraud under the Constitution of India. The impact of procuring fake/bogus caste certificate and obtaining appointment/admission from the reserved quota will have far-reaching grave consequences. The meritorious reserved candidate may be deprived of reserved category for whom the post is reserved. The reserved post will go into the hands of non-deserving candidate and in such cases it would be violative of the mandate of Articles 12 and 21 of the Constitution of India.
The Scheduled Caste and Scheduled Tribe is not a bounty to be distributed. To sustain the claim, one must show that he/she suffered disabilities-socially, economically and Page 12 of 15 Uploaded by U. SRILATHA(HC00185) on Fri Aug 01 2025 Downloaded on : Sat Aug 02 00:44:55 IST 2025 NEUTRAL CITATION C/SCA/12053/2008 JUDGMENT DATED: 30/07/2025 undefined educationally cumulatively. The concerned authority, before whom such claim is made, is duty bound to satisfy itself that the applicant suffered disabilities socially, economically and educationally before such certificate is issued. Any concerned authority issuing such certificates in a routine manner would be committing the dereliction of Constitutional duty."
6.7 A Hon'ble Division Bench of Delhi High Court in Kendriya Vidyalaya Sangathan V/s Shanti Acharya Sisingi reported in 176(2011) DLT 341, has held in paragraph 30 as under:
"III The offshoot of wedlock between Scheduled Caste/Scheduled Tribe male and a female belonging to forward community can claim Scheduled Caste/Scheduled Tribe status for Indian society is patriarchal society where the child acquires the caste of his father.
IV The offshoot of wedlock between Scheduled Caste/Scheduled Tribe female and a male belonging to forward community cannot claim Scheduled Caste/Scheduled Tribe status unless he demonstrates that she has suffered the disabilities suffered by the members of he community of his mother."
6.8 It is a sorry state of affairs that the respondents Page 13 of 15 Uploaded by U. SRILATHA(HC00185) on Fri Aug 01 2025 Downloaded on : Sat Aug 02 00:44:55 IST 2025 NEUTRAL CITATION C/SCA/12053/2008 JUDGMENT DATED: 30/07/2025 undefined authorities have taken around ten years to come to the conclusion that the caste certificate of the petitioner is not genuine. The petitioner approached this Court on the impugned order being passed, by way of this petition, wherein at the time of issuing notice, ad-interim relief is granted, which is continued from time to time, by virtue of which, the petitioner is continued in service. Had the respondents authorities given the opinion immediately on reference, the petitioner would not have continued till this time. The said inaction of the respondents-authorities has led to the position that genuine person from the reserved category who would have got the job has been deprived of the job for so many years and the action of the petitioner of taking the benefit of ingenuine caste certificate led him to continue on the post for so many years on which he did not deserve. This means there is lapse on both the sides i.e. the petitioner and the respondents authorities. 6.9 In view of the above, this Court is of the opinion that the action of the respondents-authorities in passing the impugned order cannot be held as unjust or arbitrary and no interference is required by this Court. Consequently, the petitioner has to lose his job which is obtained by him on the basis of the certificate of Diploma in Pharmacy, which he has obtained on the basis of the caste certificate which is Page 14 of 15 Uploaded by U. SRILATHA(HC00185) on Fri Aug 01 2025 Downloaded on : Sat Aug 02 00:44:55 IST 2025 NEUTRAL CITATION C/SCA/12053/2008 JUDGMENT DATED: 30/07/2025 undefined held ingenuine. However, as there is a gross delay on the part of the respondent authorities in coming to the conclusion that the caste certificate is ingenuine, the recovery may not be made from the petitioner for the period for which he has served, as he has done his work during all these years. This means that the petitioner is punished for his wrong action by asking him to get out of the job and the respondents authority are being punished for their delay by not ordering for recovery of the amount which is already paid to the petitioner, as in fact, the petitioner has worked for so many years with the respondents-authorities.
7. With the above observations, this petition is required to be dismissed. Accordingly dismissed. Notice/Rule is discharged. Interim relief, if any, stands vacated.
(SANDEEP N. BHATT,J) SRILATHA Page 15 of 15 Uploaded by U. SRILATHA(HC00185) on Fri Aug 01 2025 Downloaded on : Sat Aug 02 00:44:55 IST 2025