Uttarakhand High Court
WPMS/2131/2020 on 24 June, 2022
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Date COURT'S OR JUDGES'S ORDERS
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WPMS No. 2131 of 2020
Hon'ble Sharad Kumar Sharma, J.
Mr. Pankaj Kumar Sharma, Advocate, for the
petitioner.
Mr. T.S. Phartiyal, Addl. C.S.C., for the State
of Uttarakhand.
The brief facts of the case are, that the
petitioner is claiming himself to be a person, who is
belonging to a "Dhangar" caste, which is a caste
recognized, as to be a scheduled castes as per the
gazette notification issued by the State of
Uttarakhand under Act No. 4 of 1994.
The petitioner contends, that on 31st October,
2018, he had applied for the issuance of the castes
certificate and he further contends that in the
application thus submitted by him, he has annexed
all the relevant documents, in support of it, i.e. the
earlier castes certificate, T.C. of the School, ration
card, aadhar card, voter ID etc, but despite of
production of the aforesaid documents, his
application for the grant of castes certificate has
been rejected by the impugned order on the ground
that the petitioner has not supported his application,
along with the earlier castes certificate, which is
said to have been issued.
The petitioner in support of his contention
and particularly, in order to meet up the argument,
which has been extended by the learned counsel for
the respondent Nos. 1, 2 and 3 in the counter
affidavit, has filed the rejoinder affidavit, and along
with the rejoinder affidavit, he has also placed on
record the permanent resident certificate, which had
been issued in his favour by the competent
authority, i.e. S.D.M on 5th June, 2015, while
exercising his powers under the Government Order
No. 2588 dated 20th November, 2001, wherein, the
petitioner has been recognized, as to be the
permanent resident of the State of Uttarakhand.
In view of the aforesaid issuance of the
permanent resident certificate on 5th June, 2015,
which was even much prior to the date of his
application for the issuance of the castes certificate,
i.e. 31st October, 2018, in fact, the petitioner has
already been recognized with to be permanent
resident of the State, the reasons for rejection seems
to be unsustainable because even otherwise also,
when the castes, for which, the certificate has been
sought is constituting as to be a castes, which stands
included in the schedule, notified by the State Govt.
and when the petitioner has been recognized as to
be a permanent resident certificate, his claim for
grant of castes certificate would fall for
consideration in the light of the judgment rendered
by this Court in Writ Petition (M/S) No. 2523 of
2020, Satnam Vs. State of Uttarakhand and
others, as decided on 23.08.2021.
In the light of the aforesaid judgment
rendered by this Court, the present issue would
stand covered by the said judgment.
In that view of the matter, the Writ Petition is
allowed. The impugned order of rejection of
application for grant of caste certificate is hereby
quashed. The respondents are directed to re-
consider the application, afresh in the light of the
guidelines provided by the judgment rendered by
this Court and issue an appropriate castes certificate
in favour of the petitioner, as expeditiously as
possible, but no later than two months from the date
of production of the certified copy of this order.
(Sharad Kumar Sharma, J.)
Dated 24.06.2022
Shiv
