WPMS/1705/2021
2021 Latest Caselaw 3638 UK

                Office Notes,
             reports, orders or
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      Date                                      COURT'S OR JUDGES'S ORDERS
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                                  WPMS No. 1705 of 2021
                                  Hon'ble Sharad Kumar Sharma, J.

                                        Mr.     Vinay     Kumar,   Advocate    for   the
                                  petitioner.

Mr. Rakesh Kunwar, Addl. C.S.C. for the State of Uttarakhand.

The petitioner has agitated his grievance as against the order, which was supplied to the petitioner under the Right to Information Act, on 12th August, 2021, by virtue of which, the petitioner's application for the grant of OBC caste certificate was rejected. Simultaneously, the petitioner has prayed for that an appropriate writ of mandamus may be issued to the respondent No.3 to issue an OBC caste certificate of "Momin Ansaar".

Primarily, without venturing into the factual backdrop of the Writ Petition, in fact, the learned counsel for the petitioner has confined his prayer from the perspective, that in relation to an identical controversy, which arose in the matter decided in Writ Petition (M/S) No. 465 of 2019, Ruby Khatoon Vs. State of Uttarakhand and others, which was adjudicated on 4th September, 2019, since the petitioner, therein, was the real sister of the present Writ Petitioner, hence, there cannot be any dispute that so far as the entitlement of the petitioner is concerned for the issuance of the caste certificate, which would be squarely covered by the judgment of the Coordinate Bench rendered in Writ Petition (M/S) No. 1510 of 2017, which has attained finality.

In that eventuality, this Writ Petition too would stand allowed under the same terms and conditions, as that of judgment of 12th March, 2018, and a writ of mandamus is issued to the respondent No.3, to issue the caste certificate to the petitioner within a period of four weeks from the date of presentation of certified copy of this order.

The Writ Petition is allowed accordingly.

(Sharad Kumar Sharma, J.) Dated 16.09.2021 Shiv