Gujarat High Court
SCA/8888/2002 of PARTH ASHOKBHAI GOSWAMI Vs DEAN, BJ MEDICAL COLLEGE on 11 December 2002
HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 8888 of 2002 For Approval and Signature: Hon'ble MR.JUSTICE M.S.SHAH ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 8888 of 2002
For Approval and Signature:
Hon'ble MR.JUSTICE M.S.SHAH
============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals?
-------------------------------------------------------------- PARTH ASHOKBHAI GOSWAMIVersus DEAN, BJ MEDICAL COLLEGE -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 8888 of 2002 MR KISHOR M PAUL for Petitioner No. 1 Ms MANISHA LAVKUMAR, AGP for Respondent No. 1-2 -------------------------------------------------------------- CORAM : MR.JUSTICE M.S.SHAH
Date of decision: 11/12/2002
CAV JUDGEMENT
The petitioner claims to be a person belonging to Vairagi Bava community which was a Nomadic Tribes. The petitioner has prayed that the seats reserved for Scheduled Tribe candidates, but lying vacant should be made available to the candidates belonging to Nomadic Tribes/Denotified Tribes.
2. However, the stand of the respondents is that since the petitioner does not belong to a Scheduled Tribe, the petitioner must either produce the caste certificate to show whether he belongs to a Scheduled Caste or a Socially and Educationally Backward Class.
3. Since Vairagi Bava community is placed in the list of Socially and Educationally Backward Classes as disclosed in the material on the record of Special Civil Application No. 8509 of 2002, the present petition raises the same controversy raised in Special Civil Application No. 8509 of 2002 which is decided today by a separate judgment. Following the said judgment, for the reasons stated therein, this petition is also dismissed.
Rule is discharged with no order as to costs. Interim relief granted earlier stands vacated.
�����(M.S. Shah, J.)
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