Uttarakhand High Court
WPMS/180/2022 on 7 April, 2022
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Date COURT'S OR JUDGES'S ORDERS
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WPMS No. 180 of 2022
Hon'ble Sharad Kumar Sharma, J.
Mr. Pulak Agarwal, Advocate, for the
petitioner.
Mr. R.C. Joshi, Brief Holder, for the State of
Uttarakhand.
Brief facts of the case are that the petitioner
has come up with the case, that she belongs to an
OBC category and her castes is Saifi i.e. Muslim
(Badai). She has submitted, that she was born on
14th July, 2002, and later on, she was issued with
the permanent resident certificate by the
respondents on 26th March, 2019, and as per the
stipulations provided under the Government Order
No. 2588/1-4/Sa.Pra./2001 dated 20th November,
2001, and the said permanent resident certificate is
still subsisting in the eyes of law and has not been
withdrawn or cancelled.
The grievance raised by the learned counsel
for the petitioner in the present writ petition is to
the effect that the respondents had proceeded to
reject the petitioner's application for the grant of
caste certificate, on the ground that the petitioner
has failed to establish, that she was residing within
the territory of State of Uttarakhand ever since
1985.
This aspect, pertaining to the fact of placing
on record the proof of residence prior to 1985, was
a subject matter, which was considered in the case
of Neha Saini Vs. State of Uttarakahnd as
reported in 2009 (2) UD 561 and in the case of
Ajay Kumar Vs. State of Uttarakhand, as
reported in 2012 (2) UD 320.
The petitioner submits that this Court had
too, an occasion to consider the implications of the
Government Order No. 1118/xvii-1/2013-
nd
01(20)/2013 dated 2 April, 2013, governing the
parameters required to be satisfied for the issuance
of the caste certificate, wherein, it has been
provided that if the applicant is able to establish the
fact that he or she is a permanent resident of the
State of Uttarakhand, in that eventuality, he or she
would be entitled to be considered for the grant of
caste certificate as per the covenants of the
Government Order dated 2nd April, 2013.
This aspect was considered by this Court in a
judgment rendered on 11th March, 2019, in Writ
Petition (M/S) No. 3711 of 2018, and as per the
information parted by the counsel for the parties,
the said judgment has not been put to challenge in
any Special Appeal nor it has been set aside so far.
In that eventuality, the Judgment of 11th
March 2019, coupled with the fact regarding the
judgments already referred above, covers the field
and the controversy as it is involved in the present
Writ Petition, because it is not a disputed fact, that
the castes to which, the petitioner belongs falls to
be a castes, which is included in the Schedule of the
recognized OBC castes, by the State of Uttarakhand
as per the Act No. 4 of 1994.
In that eventuality, this Writ Petition too
would stand allowed under the same terms of the
Judgment of 11th March, 2019, as rendered in
WPMS No. 3711 of 2018.
The order of rejection of the application of
the petitioner for the grant of caste certificate is
hereby quashed. The respondent No. 3 is directed to
consider, and pass an appropriate order, for granting
the caste certificate to the petitioner on the
application of the petitioner, as submitted by her
before him.
It is expected that respondent No. 3, would
issue the caste certificate, as expeditiously as
possible, but not later than two months from the
date of production of certified copy of this order.
(Sharad Kumar Sharma, J.)
Dated 07.04.2022
Shiv
