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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, C.J., PRANAV TRIVEDI, J.
MRUNAL PRADIP CHAUDHARI – Appellant
Versus
STATE OF GUJARAT – Respondent
Letters Patent Appeal No. 693 of 2024, Special Civil Application No. 8399 of 2024, Civil Application (For Stay) No. 1 of 2024
Decided On : 18-07-2024
Caste - Caste Certificate Cancellation - Gujarat Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Issuance and Verification of Caste Certificates) Act, 2018 - The court upheld the cancellation of the caste certificate based on insufficient evidence of residency and compliance with statutory requirements, emphasizing the importance of verifying caste claims for educational benefits.
Fact of the Case:
The petitioner challenged the cancellation of her caste certificate by the Caste Scrutiny Committee, which led to the cancellation of her provisional admission in a medical college reserved for SEBC candidates. The petitioner argued that her documentation proved her eligibility.
Finding of the Court:
The court found that the Scrutiny Committee had adequately evaluated the evidence and determined that the petitioner failed to prove her claim of belonging to the SEBC caste, leading to the lawful cancellation of her caste certificate and admission.
Issues: Whether the cancellation of the caste certificate was justified based on the evidence presented and whether the petitioner was entitled to interim relief to continue her admission in the medical course.
Ratio Decidendi: The court held that the burden of proof lies with the claimant to establish their eligibility for caste benefits, and the Scrutiny Committee's decision was supported by the lack of evidence proving residency in Gujarat prior to the cutoff date.
Result: The appeal was dismissed, upholding the cancellation of the caste certificate and the consequent admission cancellation.
JUDGMENT :
SUNITA AGARWAL, C.J.
1. The instant appeal is directed against the judgment and order dated 10.07.2024 passed by the learned Single Judge in rejecting the application for interim relief filed by the petitioner holding that the petitioner has failed to make out a prima facie case in her favour for grant of interim relief.
2. The relevant facts, noted by the learned Single Judge and brought before us are that the writ petition has been filed challenging the order dated 09.05.2024 passed by the Caste Scrutiny Committee in cancelling the Caste Certificate certifying that the petitioner belongs to ‘Teli’ caste, which is notified as Socially and Educationally Backward Class (hereinafter referred to as the SEBC) vide Notification dated 01.04.1976 of the Labour, Social Welfare and Tribal Development Department and a subsequent Government Resolution issued by the State Government from time to time. With the cancellation of Caste Certificate of ‘Teli’ community, the provisional admission granted to the petitioner in the reserved category in the Respondent – College, which is a self financed college, stood cancelled.
3. Challenging the order passed by the learned Single Judge, it is vehemently argued by the learned counsel for the appellant/petitioner that the caste certificate was issued on submission of relevant documents by the petitioner, which clearly proved that the grand-father of the petitioner was resident of the State of Gujarat. The evidence produced before the Competent Authority for issuance of caste certificate were duly produced before the Scrutiny Committee, which have not appreciated the documents in the correct perspective.
4. These documents, as narrated in the order of Caste Scrutiny Committee are as under:
2. Copy of the caste certificate number 2759/2022 dated 8/9/2022 given by the District Deputy Director (V.J.) Bhavnagar, which states caste as “Teli.”
3. Copy of the school leaving certificate number 435 dated 16/5/94 of the candidate's father, Mr. Chaudhary Pradip Hiraman.
4. Copy of the school leaving certificate number 6708 dated 26/11/2008 of the candidate's grandfather, Mr. Chaudhary Hiraman Tanku.
The candidate was informed by letters dated 14/02/2023 and 25/05/2023 to present evidence regarding residency. Accordingly, the candidate appeared and presented the previously submitted evidence along with the following new evidence on 21/2/2023 and 29/5/2023.
5. Copy of the certificate number 1310 dated 30/12/1976 of the candidate's relative grandfather, Mr. Chaudhary Gopal Rajaram, from Maharashtra Education Board High School, Bhadra, Ahmedabad.”
5. The submission is that from the documents submitted by the petitioner before the Caste Scrutiny Committee in evidence to establish that the petitioner is entitled for the benefit of belonging to caste ‘Teli’, it is evident that the grand-father and father of the petitioner were residents of the State of Gujarat and there being no dispute about the fact of them belonging to ‘Teli’ community, there was no justification for cancellation of caste certificate.
6. The submission, thus, is that the learned Single Judge has erred in denying benefit of admission in reserved category based on the caste certificate issued on 08.09.2022 as per the statutory rules namely the Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017 (hereinafter referred to as the Rules 2017). It was submitted that it is not the case of the Respondent that the petitioner has provided a false or fabricated document, inasmuch as, it was verified and established that the caste certificate was issued by the Competent Authority. The order for cancellation of caste certificate suffers from perversity and was required to be stayed so as to save the admission of the petitioner in the medical course
The court reinforced that claims for caste-based benefits must be substantiated with credible evidence, and the verification process is crucial to prevent fraudulent admissions.
The court affirmed that a caste certificate can be cancelled if the claimant fails to prove permanent residency as required by applicable laws and policies.
Benefits obtained through false claims of caste cannot be protected, as it undermines the rights of genuine candidates.
Cancellation of a caste certificate should be based on a detailed enquiry and the claimant should be granted necessary opportunity to prove their claim.
A fraudulent document is non est from the beginning and cannot be countenanced in law. A party to a litigation cannot approbate and reprobate from his stand taken before a quasi-judicial authority to....
Caste Certificate – Cancellation of - Subsequent declaration of law by overruling the N.E.Horo cannot ipso facto result in the caste certificate issued to respondent No.l herein being fraudulent, ill....
Court cannot issue any direction based on the claim of this petitioner contrary to Rule 19 of the Rules to direct the respondents not to insist production of caste certificate of the student and cons....
The court established that claims to belong to reserved categories must be substantiated with credible evidence, and fraudulent claims undermine the constitutional provisions for social justice, lead....
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