Makwana Vira Polabhai vs The State Of Gujarat
2026 Latest Caselaw 1285 Guj

Gujarat High Court

Makwana Vira Polabhai vs The State Of Gujarat on 16 March, 2026

                                                                                                               NEUTRAL CITATION




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

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                                   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
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                                  Approved for Reporting                      Yes           No

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                                                 MAKWANA VIRA POLABHAI
                                                          Versus
                                               THE STATE OF GUJARAT & ORS.
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                      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
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                        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 Certificate 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.

                                                                                                              NEUTRAL CITATION




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

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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 certificate 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 certificate 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 Certificate 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 certificate 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 certificate. She submits that if the applications of the petitioner are 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 appointment and admission, the petitioner is required to submit the caste certificate issued by the competent authority in the prescribed format as required by the Central

NEUTRAL CITATION

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

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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 certificate 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 certificate 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 clarified that the caste certificate 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 certificate held by the petitioner.

Direct service is permitted.

(HEMANT M. PRACHCHHAK,J)

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