WPMS/290/2022
2022 Latest Caselaw 294 UK

IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
     ON THE 18TH DAY OF FEBRUARY, 2022
                              BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 290 of 2022


BETWEEN:
     Smt. Sweety Vishnoi                                .......Petitioner
     (By Mr. Bilal Ahmed, Advocate)


AND:
     District Magistrate, Haridwar
     and others.                                     .....Respondents
     (By Mr. Ramesh Chandra Joshi, Brief Holder for the State of Uttarakhand)



                               JUDGMENT

Heard learned counsel for the parties through video conferencing.

2. According to the petitioner, earlier, she was issued O.B.C. caste certificate twice; she applied for renewal of O.B.C. caste certificate and her application has been rejected. Thus, feeling aggrieved, petitioner has approached this Court, seeking following reliefs:-

"a) Issue a writ order or direction in the nature of Certiorari quashing the impugned report dated 23.12.2021 (Annexure-6) whereby the application of petitioner for issuance of OBC caste certificate has been rejected.

b) Issue a writ order or direction in the nature of Mandamus directing and commanding the respondents to issue OBC caste certificate in favour of petitioner."

3. Learned State counsel was asked to get instructions in the matter. Today, on instructions, Mr. Ramesh Chandra Joshi, learned Brief Holder made a statement that petitioner had not enclosed any document from her paternal side to show that before marriage, she belongs to O.B.C. community. He further submitted that if petitioner applies afresh along with supporting documents to show that she belongs to O.B.C. community since birth, then her application for O.B.C. caste certificate can be re- considered, as per law.

4. To this, Mr. Bilal Ahmed, learned counsel appearing for the petitioner submitted that petitioner has made fresh application on 17.02.2022. He further pointed out that petitioner has enclosed all supporting documents with her application, which substantiate her claim that she belongs to O.B.C. community since birth.

5.         Having     regard       to     the      facts    and
circumstances    of the    case,    the    writ petition is

disposed of with a direction to Tehsildar, Haridwar to consider petitioner's application, submitted on 17.02.2022, and pass appropriate order, as per law, as early as possible, but not later than ten days from the date of production of certified copy of this order.

6. Let a certified copy of this order be issued today itself.

(MANOJ KUMAR TIWARI, J.) Navin