WPMS/3314/2019
2022 Latest Caselaw 726 UK

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                                  WPMS No. 3314 of 2019
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. M.K. Ray, Advocate, for the petitioners. Mr. G.S. Negi, Addl. C.S.C. for the State of Uttarakhand.

The petitioners before this Court are the heirs of the natural father, Nek Pal Gangwar.

The learned counsel for the petitioners contends that they are the residents of the State and they have been issued with the permanent resident certificate, and apart from the fact, that their name also occurs in the family register, which was issued by the respondents on 24th September, 2019, in which, the petitioners have been shown to be belonging to the castes called as "Kurmi", which is a castes recognized as to be an OBC, as per the schedule of castes recognized by the State.

Apart from that, they have also been issued with the ration card way back in 2014, based on the fact that they belong to the scheduled castes.

The learned counsel for the petitioners submits that the reason, which has been assigned by the Tehsildar for rejecting the application for the grant of castes certificate by the impugned order dated 1st August, 2019, runs contrary to the stipulations provided by the Government Order, being Government Order No. 1118/xvii-1/2013- 01(20)/2013 dated 2nd April, 2013.

He submits that the matter stands squarely covered by the judgment rendered by this Court on 11th March, 2019, in Writ Petition No. 3711 of 2018 (M/S). The fact that the parameter, which has been discussed therein, which is required to be considered for issuance of the castes certificate is a fact, which is not disputed by the respondents' Counsel, and as such, this Writ Petition would stand allowed under the same terms and conditions of the judgment of 11th March, 2019.

As a consequence of quashing of the impugned order dated 1st August, 2019, passed by the respondent No.3, a writ of mandamus is issued to the respondent No. 3, to issue a caste certificate to the petitioner, for which, they have applied before Tehsildar. It is expected that the respondent No.3 would take a decision and issue the castes certificate within a period of six weeks from the date of production of the certified copy of this order.

(Sharad Kumar Sharma, J.) Dated 11.03.2022 Shiv