Decided on April 17,2014

Ratna Vora Appellant
State of Gujarat Thro Section Officer And 12 Ors. Respondents


R.M. Chhaya, J. - (1.) BY way of the present petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs: (A) Admit and allow present petition, (B) Issue a writ of certiorari or any other writ, order or direction quashing and setting aside the order dated 01/12/2010 passed by present respondent No. 1 in AaJaPa/10 -2010 -78156/Ha and order dated 13/09/2010 passed by present respondent No. 2 passed in AaJaPa/Ma/1/2010/8424 -26 and further be pleased to quash certificate No. 9130/2009 dated 29/03/2009 issued in favour of present respondent No. 3; (C) Declare that present respondent No. 3 does not belong to 'Scheduled Caste'; (D) Pending admission, hearing and final disposal of the present petition, debar present respondent No. 3 from contesting any election from the constituency reserved for 'Schedule Caste' candidate and also stay implementation of certificate No. 9130/2009 dated 29/03/2009 issued in favour of present respondent No. 3; (E) Pass the other and further order/s as deemed fit in the interest of justice.
(2.) THE facts which can be culled out from the record of the petition are that the petitioner resides at Ahmedabad and was elected as Municipal Councilor from Rakhial Ward for two consecutive terms in 2000 and 2005 and she belongs to Scheduled Caste community i.e. 'Hindu Vanker'. That after India gained independence, the Constitution of India listed some erstwhile groups as Scheduled Castes, which were covered under Article 314 of the Constitution of India and such castes were notified for the first time under the Constitution (Scheduled Caste) Order, 1950 and that list has been modified/amended/supplemented from time to time. That in order to get benefit of being a member of Scheduled Caste, one has to get a caste certificate, which is a proof of one's belonging to a particular caste. Relying upon the guidelines issued in Circular No. 35/1/72 R.U. SCTU (5) dated 02.05.1975 of Government of India, has, inter alia, provided that if a person claims to be member of Scheduled Caste or Scheduled Tribe, his or her parents have to be from that caste only. It is the case of the petitioner that respondent No. 3 is not a member of Scheduled Caste, particularly from "Hindu Vankar", as has been claimed by respondent No. 3. That though respondent No. 3 does not belong to Scheduled Caste, he has taken undue advantage available to that caste and he has contested and got elected from 74, Sher -Kotda Gujarat Legislative Assembly seat in the year 2007 Assembly Election, which is reserved seat for Scheduled Caste candidate only. That by posing himself to be belonging to one of the Scheduled Castes, respondent No. 3 contested such election.
(3.) IT is further the case of the petitioner that respondent No. 3 belongs to "Marwadi Mochi", which community is excluded from the list of Gujarat State Scheduled Caste by amendment in the Constitution (Scheduled Caste) Orders (IInd Amendment) Act, 2002 No. 61/02 dated 17.12.2002. That after the said amendment, the persons belonging to Mochi caste no longer belong to Scheduled Caste, except to the extent of those belonging to Dang and Valsad districts. That Marwadi Mochi caste was never a Scheduled Caste community and a person belonging to the said caste cannot avail benefit of Scheduled Caste.;

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