WPMS/2197/2025
2025 Latest Caselaw 1924 UK

Uttarakhand High Court

WPMS/2197/2025 on 13 August, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

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04                                WPMS No.2197 of 2025
                                  Hon'ble Ravindra Maithani, J.

Mr. Jitendra Chaudhary, Advocate for the petitioner.

Mr. Ganesh Kandpal, D.A.G. for the State.

It is the claim of the petitioner that the authorities have wrongly issued caste certificate in favour of the respondent no.5/Smt. Baljeet Kaur. Soon after the certificate was issued, the petitioner raised objections against it on 05.07.2025, Annexure No.9 to the writ petition is a copy to it, but it has yet not been decided.

Heard.

Learned counsel for the petitioner submits that the respondent no.5/Smt. Baljeet Kaur, cannot get the caste certificate from the State of Uttarakhand because she has migrated from outside the State, and in view of the settled law, she would be entitled to get benefit of her caste certificate only in the State where she was born; the petitioner has given objections, which needs to be decided by the Scrutiny Committee to be constituted in view of the judgment of the Hon'ble Supreme Court in the case of Kumari Madhuri Patil and Another Vs. Addl. Commissioner, Tribal Development and others, (1994) 6 SCC 241; the State may be directed to get the objections of the petitioner examined by the Scrutiny Committee to be constituted in view of the judgment of the Hon'ble Supreme Court in the case of Kumari Madhuri Patil (supra).

Learned State Counsel submits that the objections should be dealt with by the respondents within three months in accordance with the judgment of the Hon'ble Supreme Court in the case of Kumari Madhuri Patil (supra).

The Court takes on record the statement given by learned State Counsel.

The writ petition is finally disposed of with the direction to the respondents authority to get the matter examined, particularly, the objections that have been filed by the petitioner on 05.07.2025, which is Annexure No.9 to the writ petition, within three months in accordance with the judgment of the Hon'ble Supreme Court in the case of Kumari Madhuri Patil (supra).

(Ravindra Maithani J.) 13.08.2025

RV