43 police constables move Gujarat HC, seek copy of final order over cancellation of caste certificates

Forty-three police constables have approached the Gujarat High Court seeking a copy of the final order regarding the cancellation of their caste certificates, which remain pending with the Divisional Scrutiny Committee in Gandhinagar. The petitioners claim that they belong to the Rabari community of specified forest nesses who’s ST caste certificate was under scrutiny by the state government. 

The petitioners apprehend that the Divisional Scrutiny Committee may first notify the employer or relevant authority about the caste certificate cancellation order to initiate termination proceedings, and only afterward—either through the department or after significant delay—does the committee send the order to the affected individuals. The petitioners fear job loss due to the prolonged delay in receiving the order regarding cancellation of caste certificate from divisional scrutiny committee, claims the petition

The petitioners claimed that the state's actions are arbitrary, illegal, mala fide, and in violation of Article 14 of the Constitution, which guarantees equality before the law. They also claim the process breaches principles of natural justice.

The petitioners assert their eligibility for ST caste certificate status, citing the Ministry of Home Affairs' notification dated October 29, 1956—"The Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956"—by which it was notified that Nesses area within the forests of Gir, Barda and Alech, communities such as Bharwad, Charan and Rabari were declared as Scheduled Tribe. It is submitted that petitioners belongs to Rabari Community which is covered under Scheduled Tribe category

Petitioners state that Mamlatdars in their respective areas issued ST caste certificates after thorough verification and inquiry.

Earlier in 2021, the candidates had applied before Lokrakshak Recruitment Board-2018 but were orally denied appointments amid state-level scrutiny of their caste certificate claims.

Following a high court directive that year, petitioners received provisional appointments as Class-3 police constables, subject to the scrutiny committee's verdict. The court had clarified that if caste certificates were deemed invalid, provisional service would not confer any benefits. The petitioners have been serving since December 2022. The matter is likely to be heard on November 13.