Uttarakhand High Court
Aabhas Vishwakarma And Another ... vs State Of Uttarakhand And Others on 27 August, 2021
HIGH COURT OF UTTARAKHAND
AT NAINITAL
Writ Petition (M/S) No. 1232 of 2020
Aabhas Vishwakarma and another ........Petitioners
Vs.
State of Uttarakhand and others ... Respondents
Advocates : Mr. P.C. Petshali, Advocate, for the petitioners.
Mr. T.S. Phartiyal, Addl. C.S.C. for the State of Uttarakhand.
Hon'ble Sharad Kumar Sharma, J.
The petitioners to the writ petition, have
agitated their grievance as against the impugned order,
which had been passed by the respondents by virtue of
which their application for the grant of caste certificate,
has been rejected on the ground that the petitioners have
not been able to prove their residence of the State for a
period prior to 1985.
2. The brief facts as it engages consideration in the
present writ are, that for the purposes of the grant of caste
certificate, which has been pleaded by the petitioners are,
that the petitioners were born within the territory of State
of Uttarakhand on 02.10.2002 and 15.03.2011 respectively.
They have been issued with their respective Aadhar Cards
by the competent State authorities, and apart from that
they have contended that even their grandfather, was also
the permanent resident of Roorkee, District Hardwar. In
order to further substantiate their claim they have
submitted that their mother who was also enrolled in the
voter list of the State was registered with the employment
exchange of Uttarakhand, and was serving as a
Government Teacher in a primary school. They have
further submitted that the respondents, on the application
being submitted by their mother they have been issued a
permanent resident certificate, to the mother of the
petitioners, as well as to the petitioners too, and the
issuance of the same was based on the report, which was
submitted by the competent revenue authority prior to its
issuance, fortifying these facts of residence of the
petitioners in the State. The said permanent residence
certificate, stands valid and is still in existence in their
favour. The petitioners submits that when they have
submitted their application, for issuance of caste certificate,
the claim of the petitioners for the issuance of caste
certificate, which would be exclusively limited only to a
recognition of the caste, which has been notified otherwise
also by the State under the Schedule of 1950, contained in
the Constitution, as the caste for which they claimed for the
issuance of an OBC certificate i.e. 'Badhai', is included and
notifed in the list appended to the Schedule of 1950, and is
recognised as an OBC by the State of Uttarakhand too.
3. The reason which has been assigned by the
respondents for denying to issue the caste certificate to the
petitioners is exclusively on the premise, that the
petitioners have not placed any evidence on record to
show, that they were residing within the State territory
prior to 1985. This was an issue which has been dealt with
by this Court in a judgment rendered on 11.03.2019 in a
writ petition being Writ Petition (M/S) No. 3710 of 2018,
Km. Upma Bharati vs. State of Uttarakhand, wherein
while considering the implications of the Government
Order No. 1118/xvii-1/2013 dated 02.04.2013 and on its
comparative scrutiny based on the judgment of 17.08.2012
rendered in Writ Petition No. 124 of 2011, Ajay Kumar vs.
State of Uttarakhand and others. The impact as to what
the actual term and the basis of determining permanent
residence would be inferred, was dealt with by this Court a
judgment based upon the Government Order which had
been issued by the State and ultimately the writ petition
was allowed.
4. On previous date i.e. on 13.08.2021, when the
matter was taken up in order to verify the aforesaid fact
that, whether the said judgment has attained the finality or
not, hence the Registry was called upon to submit a report,
whether any special appeal has been preferred, and in
compliance thereto a report, has been submitted by the
Registry on 26.08.2021, that as against the judgment dated
11.03.2019. No special appeal has been preferred and rather
to the contrary in compliance of the said judgment and
caste certificate has been issued to the petitioners of the
said writ petition.
5. In that view of the matter, this Court is of the
view that this writ petition too stands squarely covered by
the principles, which has been laid down in the judgment
of 11.03.2019, as such for the reasons aforesaid the writ
petition is allowed. The impugned order of rejecting the
application of the petitioners for the grant of caste
certificate by virtue of Annexure-7 to the writ petition,
would stand quashed and a writ of mandamus is issued to
respondent no.4, to issue the caste certificate to the
petitioners within a period of six weeks from the date of
presentation of certified copy of this judgment.
6. Subject to the above observations, the writ
petition stands allowed.
(Sharad Kumar Sharma, J.)
27.08.2021
Nahid
