Anand Pal vs State of Uttarakhand and others

Hon''ble V.K. Bist, J.—Heard Mr. M.K. Ray, Advocate for the petitioner and Mr. H.M. Raturi, Standing Counsel for the State of Uttarakhand / respondents.

By means of this writ petition, the petitioner has prayed for a writ of Mandamus directing the respondents to issue a caste certificate in favour of the petitioner.

The contention of the petitioner is that his sub caste is "Kurmi", which is notified as Other Backward Class in the State of Uttarakhand. He further states that his father was serving in the department of Irrigation since 24.7.1974 and after retirement, since 20.5.1993, his entire family is residing at Gadarpur, District Udham Singh Nagar. It is further contended that the petitioner is himself serving in the Education Department of State of Uttarakhand as Assistant Teacher, L.T. Grade in Government High School, Thapla, Pauri Garhwal since 7.7.2003. Being a permanent resident of Uttarakhand, the petitioner was issued a permanent residence certificate on 20.10.2010 by respondent No. 3. It has further been contended that the family of the petitioner is living in the State of Uttarakhand for the last 37 years. In addition to the above, earlier the petitioner was issued a caste certificate on 25.8.2001 by the competent authority. In order to support his contention, the petitioner has annexed Photostat copies of his permanent residence certificate, testimonials as well as the caste certificate, which was earlier issued in favour of the petitioner. Because of some urgency, the petitioner applied for issuance of caste certificate before respondent No. 4 on 15.10.2010.

The grievance of the petitioner is that though he had moved the application for grant of caste certificate way back on 15.10.2010 and more than one year has passed, no action is being taken by respondent No. 3 on the said application. He, therefore, prays that direction be issued to respondent No. 3 to take decision on his application, at the earliest.

Sri H.M. Raturi, learned Standing Counsel for the State of Uttarakhand states that it will be in the interest of justice, if such a direction is issued.

Having considered the submissions of the learned counsel for the parties, this writ petition is disposed of with the direction to respondent No. 3 to take a decision on the application of the petitioner dated 15.10.2010 (Annexure -7 to the writ petition), within a period of three weeks from the date of production of certified copy of the order.

Interim Relief Application (CLMA No. 10862 of 2011) also stands disposed of.