A. P. RAVANI, J. ( 1 ) THE petitioner belongs to Hindu Chamar community which is recognised as Scheduled Caste in the State of Gujarat. However the petitioners father originally belonged to Uttar Pradesh. He i. e. petitioners father joined service in Western Railway and since 1967 he is serving in Gujarat. The petitioner was born at Baroda on 19/12/1974 The petitioner has studied in Gujarat and particularly in Ahmedabad from Standard I to Standard XII. The petitioner has produced birth-date certificate at Annexure-A issued by Baroda Municipal Corporation. As per this certificate the petitioners date of birth is 19/12/1974 and his birth place is Western Railway Hospital. In column 9 of the birth certificate the permanent residential shown is Quarter No. 148/a Railway Colony Pratapnagar Baroda. Annexure-B to the petition is the School Leaving Certificate issued by Hebron Higher Secondary School Maninagar East Ahmedabad. As indicated therein the last school he attended was Hebron Secondary School i. e. the secondary school division of the same school. He joined the higher secondary section of the school on 2/07/1990 As indicated in the certificate he passed the higher secondary examination held in March 1992 in science stream and thereafter he left the school. As per this certificate also his caste is Hindu Chamar. The Social Welfare Officer Gandhinagar has issued certificate dated 8/08/1992 stating that the petitioner belongs to Hindu Chamar community which is recognised as Scheduled Caste by the Government of Gujarat. Certificate dated 8/08/1992 has been issued by City Mamlatdar Ahmedabad stating that the petitioner belongs to `hindu Chamar community which is recognised as Scheduled Caste under the Constitution (Scheduled Castes) Order 1950. ( 2 ) AFTER passing the higher secondary examination in science the petitioner applied for admission to B. E. degree course. His application was registered in the category of Scheduled Castes at serial No. 655. In the merit list he was shown at SC 150a. ( 2 ) AFTER passing the higher secondary examination in science the petitioner applied for admission to B. E. degree course. His application was registered in the category of Scheduled Castes at serial No. 655. In the merit list he was shown at SC 150a. However he is denied benefits of reserved category seat on the ground that his father belonged to U. P. The Director of Social Welfare Gandhinagar has written letter dated 25/08/1992 addressed to the Convenor Admission Committee L. D. Engineering College Ahmedabad in which it is stated that the petitioner who has applied for being admitted on seat reserved for Scheduled Castes would not be eligible for the same for the reasons stated as follows : the aforesaid reason when translated into English means that Shri Shankhwal (it is not clear as to whether the applicant himself or his parent) belonged to Hindu Chamar community of Uttar Pradesh and therefore he is not entitled to the benefit of reserved seats in Gujarat. ( 3 ) IT is an admitted position that `hindu Chamar Community is recognised as Scheduled Caste in Gujarat as per Constitution (Scheduled Castes) Order 1950. It is also not disputed that the petitioners father is living in Gujarat since 1967 and that the petitioner has born in Gujarat in Hindu Chamar caste. Learned Counsel for the respondants states that as to whether the petitioners father is living in Gujarat or not is required to be examined by the authority issuing the certificate. It may be so and to this effect certificates have been issued. Moreover averments have been made in the petition that the petitioners father is living in Gujarat since 1967 At any rate the fact that the petitioner was born in Gujarat on 19/12/1974 in Western Railway Hospital and thereafter he has studied in a school in Ahmedabad is established by the petitioner by producing necessary certificates which are produced at Annexures A and B. On behalf of the respondents it is contended that the petitioners father originally belonged to Uttar Pradesh. It is further contended that when Constitution (Scheduled Castes ) Order 1950 was issued the permanent residence of the petitioners parent was in Uttar Pradesh. Therefore he should be considered as belonging to Scheduled Caste only in Uttar Pradesh and not in Gujarat. It is further contended that when Constitution (Scheduled Castes ) Order 1950 was issued the permanent residence of the petitioners parent was in Uttar Pradesh. Therefore he should be considered as belonging to Scheduled Caste only in Uttar Pradesh and not in Gujarat. This contention is based on guidelines issued by the Central Government on 22/03/1977 For the purpose of interpretation of the Constitution (Scheduled Castes) Order 1950 and the provisions of Article 341 of the Constitution the guidelines issued by the Central Government cannot be taken as the basis interpretation. Nowhere in Article 341 of the Constitution or in the Constitution (Scheduled Castes) Order 1950 it is stated that the residence of the candidate concerned should not be considered but the residence of his parent at the time of passing of Constitution (Schedule Castes ) Order 1950 should be taken into consideration. Even if one were to take into consideration the residence of the parents of the candidate concerned in the instant case permanent residence of the parents of the petitioner is Baroda. This is borne out from the facts of the case. Therefore the contention that in view of the guidelines issued by the Central Government the petitioner is not entitled to the benefits of the seats reserved or Scheduled Caste has no merits. ( 4 ) THE fact that Hindu Chamar community is recognised as Scheduled Caste in Gujarat is not disputed. The fact that the petitioner belongs to Hindu Chamar community is also not disputed. It is also not disputed that the City Mamlatdar Ahmedabad and the Social Welfare Officer Gandhinagar have issued certificates to the effect that the petitioner belongs to Hindu Chamar community which is recognised as Scheduled Caste by the Government of Gujarat. In view of this position it is not understood on what basis the guidelines issued by the Central Government can be invoked and the petitioner can be denied the benefits of seats reserved for Scheduled Castes. ( 5 ) EVEN if one were to take into consideration the guidelines dated 22/03/1977 on which reliance is placed the interpretation sought to be given by the Central Government in case of persons born after the date of notification issued under the relevant order is not correct. ( 5 ) EVEN if one were to take into consideration the guidelines dated 22/03/1977 on which reliance is placed the interpretation sought to be given by the Central Government in case of persons born after the date of notification issued under the relevant order is not correct. The relevant part of the guidelines which may be involved against the petitioner is in para 3 of the said Guidelines and it reads as follows :" In the case of persons born after the date of notification of the relevant Presidential Order the place of residence for the purpose of acquiring Scheduled Castes or Scheduled Tribes status is the place of permanent abode of their parents at the time of the notification of the Presidential Order under which they claim to belong to such a caste/tribe". If the permanent abode of the parents of a candidate at the time of issuance of the notification is to be taken into consideration then the candidates belonging to communities recognised as Scheduled Caste/scheduled Tribe and who have born after 1950 in other States would not be entitled to the benefits of the Constitution (Scheduled Castes) Order 1950 and the benefits of the provisions of Article 341 of the Constitution. Such candidates would be deprived of the benefits conferred on them under Articles 15 and 16 of the Constitution of India. If the guidelines are to govern the interpretation of the provisions of Articles 15 16 and 341 of the Constitution and the provisions of the Constitution (Scheduled Caste) Order 1950 it would amount to rewriting the Constitution and frustrating the very object of reservation. Such absurd interpretation cannot be given to the provisions of the Constitution and the provisions of the Constitution (Scheduled Castes) Order 1950 ( 6 ) LEARNED Counsel for the respondent submitted that the certificate is not in the prescribed form. According to him a form is prescribed under the guidelines issued by the Central Government. Whether the certificate is in the particular form or not is immaterial. What is required to be seen is the substance of the matter. The fact that Hindu Chamar community is recognised as Scheduled Caste in Gujarat is not disputed. The fact that the petitioner belongs to Hindu Chamar community is also not disputed. Whether the certificate is in the particular form or not is immaterial. What is required to be seen is the substance of the matter. The fact that Hindu Chamar community is recognised as Scheduled Caste in Gujarat is not disputed. The fact that the petitioner belongs to Hindu Chamar community is also not disputed. The fact that the City Mamlatdar Ahmedabad and the Social Welfare Officer Gandhinagar have issued certificates to the effect that the petitioner belonged to Hindu Chamar community which is recognised as Scheduled Caste in Gujarat is also not disputed. What is disputed is that the certificate is not in accordance with the guidelines. As indicated hereinabove guidelines are required to be interpreted and understood in accordance with the provisions of the Constitution and in accordance with the provisions of the Constitution (Scheduled Castes) Order 1950 If there is anything in the guidelines which is contrary to the provisions of the Constitution and the provisions of the Constitution (Scheduled Castes) Order 1950 the same has got to be ignored or the same is required to be read down. In the instant case even if one were to go by the ordinary residence of the parents of the petitioner ordinary residence of the parents of the petitioner would be at Baroda. ( 7 ) AS disclosed from the record of the petition the petitioners father is serving in Western Railway at Baroda since the year 1967. The petitioner was born in Western Railway Hospital at Baroda. In the birth certificate of the petitioner permanent residential address of the father of the petitioner stated in column 9 of the Birth Date Certificate is `railway Quarter No. 149 Pratapnagar Baroda. There is nothing to indicate that the petitioners parents have continued to be ordinary residents of Uttar Pradesh even after the petitioners father joined service in Western Railway at Baroda and continued to live and. stay at Baroda. Again it may be noted that the petitioner is not denied the benefit of reservation on the ground that the petitioners father is not ordinary resident of Gujarat but he is denied the benefit on the ground that the petitioners father originally belonged to Uttar Pradesh. stay at Baroda. Again it may be noted that the petitioner is not denied the benefit of reservation on the ground that the petitioners father is not ordinary resident of Gujarat but he is denied the benefit on the ground that the petitioners father originally belonged to Uttar Pradesh. As indicated hereinabove the original place of residence of the parents of the candidate concerned is not relevant for deciding the question as to whether a person can be said to be ordinarily residing within a particular State at the relevant time. However even if this factor were to be taken into consideration in the instant case the ordinary residence of the parents of the petitioner is at Baroda which is within the State of Gujarat. At any rate by no stretch of reasoning it can be said that the petitioner who has born in Gujarat in Hindu Chamar community which is recognised as Scheduled Caste under the appropriate provisions of the Constitution (Scheduled Castes) Order 1950 and stayed and lived in Gujarat all through out since his birth would not be entitled to the benefits conferred on the members of such castes simply because his or her parent originally belonged to other State. In this view of the matter denial of benefit to the petitioner of the seat reserved for Scheduled Caste is unjust and arbitrary and the same cannot be sustained. ( 8 ) IN the result the order dated 25/08/1992 passed by the Director Social Welfare Department. Gujarat State. Gandhinagar - respondent No. 3 - is quashed and set aside. Respondents No. 1 and 2 are directed to take into consideration the ease of the petitioner on the basis that he belongs to Hindu Chamar community as evidenced by the certificates Annexures - C and D issued by the Social Welfare Officer Gandhinagar and City Mamlatdar Ahmedabad respectively. Rule made absolute accordingly with no order as to costs. ( 9 ) AT this stage the learned Counsel for the respondents requests that the aforesaid order be kept in abeyance so as to enable the respondents to challenge the legality and validity of the same before the appropriate forum. However in the facts of the case the request is refused. ( 9 ) AT this stage the learned Counsel for the respondents requests that the aforesaid order be kept in abeyance so as to enable the respondents to challenge the legality and validity of the same before the appropriate forum. However in the facts of the case the request is refused. In order to see that no irretrievable situation is created on account of the aforesaid order it is directed that respondents No. 1 and 2 shall consider the case of the petitioner subject to the further order that may be passed by the superior forum before which the respondents may take up proceedings. It shall be so mentioned in the admission if granted to the petitioner. (RPV) Petition allowed. .