SPA/304/2023
2023 Latest Caselaw 2809 UK

                    Office Notes,
                   reports, orders
                   or proceedings
SL.
         Date       or directions                       COURT'S OR JUDGES'S ORDERS
No
                   and Registrar's
                      order with
                     Signatures
      21.09.2023                     SPA No. 304 of 2023
                                     Hon'ble Vipin Sanghi, C.J.
                                     Hon'ble Rakesh Thapliyal, J.

1. Mr. Aditya Singh, learned counsel for the State of Uttarakhand/ appellants.

IA/1/2023

2. There is a delay of 434 days in filing the present Special Appeal. Even though the delay is substantial, we are inclined to issue notice, since, on merits it appears to us that the impugned judgment rendered by the learned Single Judge proceeds on a completely erroneous basis, that if a person is granted a certificate of permanent residence within the State of Uttarakhand, the Caste Certificate, applied for by him, shall follow as a matter of course, and cannot be denied.

3. The applicant, who applies for a Caste Certificate, has to, firstly, be a permanent resident. But that is not all. He must satisfy the conditions stipulated in the Government Order dated 02.04.2013, and only after scrutiny of the application made by the person, for issuance of a Caste Certificate in the light of the said Government Order, a Caste Certificate can be issued by the authority, where the applicant satisfies all the conditions of the said Government Order.

4. Issue notice to the respondent, returnable on 23.04.2024, by all permitted modes, including electronically.

5. In the meantime, the operation of the impugned judgment shall remain stayed.

6. List on 23.04.2024.

     (Rakesh Thapliyal, J.)     (Vipin Sanghi, C.J.)
         21.09.2023                21.09.2023
Rahul