Uttarakhand High Court
Atul Kumar Rastogi vs State Of Uttarakhand And Others on 8 April, 2022
HIGH COURT OF UTTARAKHAND
AT NAINITAL
Writ Petition (M/S) No. 2706 of 2018
Atul Kumar Rastogi ... Petitioner
Vs.
State of Uttarakhand and others ... Respondents
Advocates : Mr. A.K. David, Advocate, holding brief of Mr. Tumul K Nainiwal,
Advocate, for the petitioner
Mr. V.D. Bisen, Brief Holder, for the State
Hon'ble Sharad Kumar Sharma, J.
The petitioner in the present writ petition has prayed for
a writ of mandamus directing the respondents to issue caste
certificate in favour of the petitioner, as per the terms of the
Government Order, being Government Order No. 118/XVII-
1/2013-01(2)/2013 dated 02.04.2013.
2. The case of the petitioner is that the entire family of the
petitioner is a permanent resident of the State of Uttarakhand
and according to the document, which has been brought on
record, the petitioner has placed before this Court the
documents relating to her academics, which she has obtained
from the various institutions situated in the State of
Uttarakhand. Apart from it, she has also submitted that the
father of the petitioner has got a landed property recorded in
the revenue records in Sitarganj, District Udham Singh
Nagar.
3. Further, in support of his contention, the learned
counsel for the petitioner has submitted, that the petitioner
has obtained a permanent resident certificate, which has been
issued in her favour by the competent authority on
28.03.2013, as per the terms of the Government Order
No.3588/8-4 dated 28.11.2001, which has been rather issued
on the basis of a report, which has been submitted by the
competent revenue authority fortifying the fact that the
petitioner is permanently residing in Sitarganj, and reference
of report dated 28.02.2013, finds place in the permanent
resident certificate issued in favour of the petitioner.
4. Learned counsel for the petitioner submitted that the
petitioner belongs to a caste "sunar", which happens to be a
caste included in Schedule-I of the Uttar Pradesh Public
Services (Reservation for Scheduled Castes, Scheduled
Tribes and other Backward Classes) Act, 1994.
5. The learned counsel for the petitioner contends that in
view of the aforesaid backdrop since the caste for which the
petitioner is praying for the issuance of caste certificate
stands recognized as OBC caste under the Schedule issued by
the State Government, recognizing the caste as to be OBC
category, coupled with the fact that since the petitioner is
already a holder of a permanent resident certificate her claim
for the grant of caste certificate will fall within the ambit of
consideration of the Government Order No. 118/XVII-
1/2013-01(2)/2013 dated 02.04.2013; which in its clause 4,
provides that a person who is holding a permanent resident
certificate has had to be issued with the caste certificate,
subject to the conditions that the caste has been included in
the Schedule issued by the State under the Act of 4 of 1994.
6. This aspect was considered by this Court in a judgment
rendered in WPMS No. 3710 of 2018, as decided on
11.03.2019, in which it has been held that the person who is
holding a permanent resident certificate, is entitled to be
issued and reckoned with the caste certificate as per the
covenants of the Government Order No. 118/XVII-1/2013-
01(2)/2013 dated 02.04.2013.
7. The matter stands squarely covered by the principles
laid down in the aforesaid judgment. Hence, the writ petition
is allowed. A writ of mandamus is issued to the respondent to
the caste certificate to the petitioner within a period of two
months from the date of receipt of the certified copy of this
judgment.
(Sharad Kumar Sharma, J.)
08.04.2022
Mahinder/
