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SUNITA AGARWAL, PRANAV TRIVEDI
MRUNAL PRADIP CHAUDHARI – Appellant
Versus
STATE OF GUJARAT – Respondent
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 ve
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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