Uttarakhand High Court
WPMS/2215/2021 on 22 March, 2022
Office Notes, reports,
orders or proceedings
SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with
Signatures
WPMS No.2215 of 2021
Hon'ble Sharad Kumar Sharma, J.
Km. Meenu, Advocate for the petitioner.
Mr. G.S. Negi, Addl. C.S.C. for the State of
Uttarakhand.
The brief facts of the case are that the
petitioner has preferred this writ petition agitating
her grievances as against the impugned orders dated
27.09.2021 and 20.09.2021, which had been passed
by respondent nos.3 & 4 respectively by virtue of
which, the respondents had rejected the application
of the petitioner, for issuance of the caste certificate
to the petitioner.
The petitioner has submitted that ever since
her birth on 04.02.1985, she has been residing
within the territorial domain of the State of
Uttarakhand and had obtained her qualifications
from the institutions all of them, which are situated
in District Udham Singh Nagar. Apart from that she
has also submitted that her name finds place in the
family register, which has been issued by the
respondents showing herself to be the resident of
Gram Panchayat Pooranpur, Tehsil Jaspur, District
Udham Singh Nagar and accordingly based upon
those documents, she has also been issued with the
Adhar Card, by the competent authorities showing
her to be resident of 41 Aspur Dharmpur, Udham
Singh Nagar.
The petitioner had been issued with the
Ration Card, apart from that she has been earlier
issued with the scheduled caste certificate, as back
as on 16.01.2007 based on the report of the
Revenue Sub Inspector, which was submitted on
09.01.2007 and duly fortified by the affidavit filed
in support thereto dated 22.09.2006.
She further submits that she is a permanent
resident of State of Uttarakhand which is a fact,
which also stands established by issuance of
permanent resident certificate on 03.05.2007 by the
Sub Divisional Magistrate, Jaspur District Udham
Singh Nagar; which was issued in furtherance of
the provisions contained under the Government
Order No.2588/1-4 of 2001 and a Permanent
Resident Certificate No.11111, has already been
issued in favour of the petitioner, but her
application has been rejected by the impugned order
though without assigning any reasons and
particularly what has been argued by the counsel
for the respondents is that since after the marriage
when she has applied for grant of caste certificate,
she has disclosed herself as to be unmarried
because there was certain matrimonial dispute with
her husband, which is emergent between the
husband of the petitioner.
The matrimonial dispute will not govern the
aspect of grant of caste certificate and that too
particularly in the peculiar circumstances of the
present case, where admittedly even after the
marriage the petitioner was resident of the State of
Uttarakhand because her in-laws were residing in
Kashipur. This is one aspect of the matter.
The fact of marriage or because of any
subsequent matrimonial dispute, will have no
material bearing as far as the petitioner's caste is
concerned because the caste is an aspect which will
always be governed by the birth of the applicant
irrespective and being unaffected by the factum of
marriage or a later matrimonial dispute.
In that eventuality and for the reasons
assigned above, I do not find any logical reason for
the respondents to reject the application of the
petitioner by the impugned orders.
The writ petition stands allowed. The
impugned orders dated 27.09.2021 and 29.09.2021
are hereby quashed. The respondents are issued
with a writ of mandamus to reconsider the
application of the petitioner for the grant of caste
certificate and the permanent resident certificate
and issue the same to the petitioner within a period
of six months from the date of presentation of
certified copy of this judgment.
(Sharad Kumar Sharma, J.)
22.03.2022
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