Caste Certificate Of Woman Candidate Recommended As Tax Officer Under ST Category Validated After Gujarat High Court's Intervention

The caste certificate of a meritorious woman candidate who was denied appointment as State Tax Officer under Scheduled Tribe (Female) category despite selection and recommendation by state public service commission, was validated by the scrutiny committee after intervention by the Gujarat High Court. The petitioner had approached the High Court claiming her ST status for the appointment to the post of State Tax Officer with deemed seniority. The plea stated that her forefathers belonged to the Gir, Barda, and Alech forest regions and as per a 1956 Presidential Notification members of the Rabari, Bharwad and Charan communities residing in these areas were identified as Scheduled Tribes.It states that for the post of State Tax Officer, there were total 50 vacancies. Out of these 50 vacancies, 7 are were reserved for Scheduled Tribes. Out of these 7 reserved for Scheduled Tribes, 3 were reserved for female candidates.The petitioner stated that she had applied before Gujarat Public Service Commission which had issued a letter to the petitioner for preliminary examination, main examination and interview. The petitioner stated that Gujarat Public Service Commission issued notification on March 19, 2025 declaring results of written test and personal interview.The petitioner stated that her name featured in list for candidates to be recommended to the government for appointment. She stated that she was recommended to the post of State Tax Officer in reserved category Scheduled Tribes (Female). Despite receiving a recommendation letter and attending certificate verification, she was not issued an appointment even though 42 other recommended candidates were appointed and had even commenced training.She stated that her sister was appointed to the post of Police Inspector (Unarmed) in category of Scheduled Tribes (Female). However, the petitioner though recommended for appointment is not appointed in reserved category of ST (Female) for post of State Tax Officer.It was contended even though the Scrutiny Committee had approved the petitioner's sister's ST certificate in 2019, her appointment as Police Inspector was not approved under ST category, pursuant to which her sister had moved single judge of the High Court which had ruled in her favor in 2020. This decision upheld by the Division Bench in 2021, following which the petitioner's sister was appointed as Police Inspector (Unarmed) under ST category. On December 2, the court had expressed strong displeasure after observing that the scrutiny committee, despite taking note of the high court's orders in the sister's case and referring to the same in its minutes, it had still for "some extraneous reasons or in view of absolute non- application of mind", referred the petitioner's case to the Vigilance Cell.The high court had in its December 2 order had directed the members of the Scrutiny Committee to file individual affidavits explaining whether the earlier orders were considered and what new or exceptional material warranted a fresh vigilance inquiry in the petitioner's case and had listed the matter on December 9.Thereafter on December 9 Justice Nirzar S. Desai, in his order noted: “Today, learned Assistant Government Pleader Ms. Kinjal Vyas, appearing for the respondent–State, has placed on record an order dated 08.12.2025, whereby the Scrutiny Committee has validated the caste certificate produced by the petitioner before the Committee. In view of the above, as the grievance of the petitioner stands redressed, learned Senior Advocate Mr. Prakash Jani, under instructions, seeks permission to withdraw this petition.”The court also granted liberty to the petitioner to approach the court in respect of other prayers which have not been considered by the Court. "It is further stated that, in view of the fact that the petitioner's case has now been positively considered, the order dated 02.12.2025 shall not be acted upon," the court added.The petition was then deposed of as withdrawn.Case Title: Deviben Bhikhabhai Vash vs State of Gujarat & Ors.Case Number: Special Civil Application No. 15340 of 2025Advocates for the Petitioner: Senior Counsel Mr. Prakash Jani with Mr. Shivang Jani and NR KodekarAdvocate for the State: Ms. Kinjal Vyas, AGPCitation: 2026 LiveLaw (Guj) 11Click Here To Read/Download OrderClick Here To Read/Download December 2 Order

Caste Certificate Of Woman Candidate Recommended As Tax Officer Under ST Category Validated After Gujarat High Court's Intervention

Lovina B Thakkar

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Caste Certificate Of Woman Candidate Recommended As Tax Officer Under ST Category Validated After Gujarat High Court's Intervention

Lovina B Thakkar

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