IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 529 of 2019 In R/SPECIAL CIVIL APPLICATION NO. 6760 of 2008 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA ==========================================================

Approved for Reporting Yes No ==========================================================

DEPUTY CONSERVATOR OF FORESTS & ORS.

Versus HARESHKUMAR JETHABHAI VANDA & ANR.

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Appearance:

MS SHRUTI DHRUVE, AGP for the Appellant(s) No. 1,2,3 BHOOMI M THAKORE(6237) for the Respondent(s) No. 2 MR KETAN D SHAH(1356) for the Respondent(s) No. 1 MR. HARSH K THAKAR(7172) for the Respondent(s) No. 2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 27/11/2025

ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

1. Heard learned Assistant Government Pleader Ms. Shruti Dhruve for Appellant Nos. 1 to 3, learned advocates Ms. Bhoomi M. Thakore and Mr. Harsh K. Thakar for respondent No. 2 and learned advocate Mr. Ketan D. Shah for respondent No. 1.

2. This appeal is preferred under Clause 15 of the Letters Patent, being aggrieved by the Judgment and Order dated 31.01.2018 passed by the learned Single Judge in Special Civil Application No. 6760 of 2008.

3. Brief facts of the case are that the petitioner belongs to the “Rabari Community” and the forefathers of the petitioner are residents of the Gir, Barda and Alech Forest Areas. It is the case of the petitioner that the people belonging to the “Rabari Community” of the said area were declared as “Scheduled Tribes” vide notification of the Government of India issued in October, 1956.

4. The petitioner made an application in response to an advertisement issued by the respondents for the post of Forester in the Forest Department in the S.T. category. The petitioner was required to produce the caste certificate as proof of his belonging to the S.T. category post. It is the case of the petitioner that he approached the respondent authorities for issuance of the caste certificate on 06.11.2007. However, the same was not issued by the concerned Mamlatdar, which was duly informed to the respondent authorities by the petitioner after clearing all the required tests for selection.

5. The petitioner was at serial number 2 in the merit list prepared by the respondents from the Junagadh Zone, and in the interview held on 24.04.2008 by the selection committee, the petitioner could not produce a caste certificate as the same was not issued to him because of the inaction on the part of the respondents – Mamlatdar at the relevant point of time. Accordingly, the petitioner was not selected and his candidature was rejected only for the reason of not producing the caste certificate of the S.T.

category.

6. Petitioner, therefore, preferred the Special Civil Application No.6760 of 2008 with the prayer of restraining the respondent No.1 from operating the select list prepared in pursuance of the advertisement for appointment on the post of Foresters in S.T. category. The learned Signal Judge passed the following order on 30.04.2008, which is as under:

“Rule returnable on 5.5.2008. It is not appropriate for the authority to have not decided the application of the petitioner wherein he claims the status of Scheduled Tribe. This may be borne in mind that the father and brother of the petitioner had already been categorized as Scheduled Tribes, his appointment is hanging fire but for the inaction of the authorities. The authorities are hereby directed to decide the application of the petitioner forthwith.

The authorities are also to see that the petitioner's appointment is pending for consideration before the authorities. An appropriate information may also be sent by learned AGP to the Forest Officers that if any appointment is made prior to the adjudication of the petitioner's cas