Arvind Kumar vs State of Uttarakhand and Others

V.K. Bist, J.—By means of this writ petition, the petitioner has sought a writ in the nature of mandamus for a direction to the respondents to issue caste certificate to the petitioner forthwith.

Brief facts of the case are that petitioner belongs to the Kevat caste, which is notified as Other Backward Class. The petitioner is permanent resident of Village Najimabad, Tehsil-Kichha, District Udham Singh Nagar. The father of the petitioner is permanently residing in the State of Uttarakhand, since 1967. The petitioner from his childhood studied in the State of Uttarakhand. Petitioner passed his All India Secondary School Examination, 2010 from Green Wood Public School Pandri, Sitarganj, Udham Singh Nagar. Petitioner got his entire education from the State of Uttarakhand. After completing his education, petitioner is in urgent need of caste certificate for higher studies. Therefore, he applied for caste certificate before the respondent No. 4-Tehsildar Kichha, District Udham Singh Nagar, but caste certificate is not being issued to the petitioner.

Learned Counsel for the petitioner submitted that earlier on 26.02.2008 and 05.05.2005 the petitioner was issued a caste certificate by respondents authorities. He also submitted that the petitioner was issued domicile certificate on 05.05.2005 by the S.D.M., Rudrapur, District Udham Singh Nagar. He also submitted that petitioner was born and brought up in the State of Uttarakhand and from his childhood he studied in the State of Uttarakhand. Thus, it cannot be said that petitioner is not original resident of State of Uttarakhand. He submitted that caste certificate is urgently required by the petitioner. He further submitted that petitioner applied for the caste certificate before Tehsildar Kichha, District Udham Singh Nagar but the Tehsildar is not issuing the caste certificate to the petitioner and lingering the matter. Learned Counsel for the petitioner relied on paragraph 7 of the judgment given by the Division Bench of this Court in writ petition No. 316 of 2008 (S/B) in which this Court has observed that for defining expression �original resident� one aspect which can be taken in constructing the interpretation is to include the period of residence of 15 years so as to connote the purpose and meaning of the expression �original resident�. He argued that the action of the respondents is not only illegal but also arbitrary.

Prima facie, this Court is of the view that at the time of creation of State of Uttarakhand, the petitioner was residing in State of Uttarakhand. He was born and brought up in District Udham Singh Nagar. Now, it cannot be said that he is not original resident of State of Uttarakhand. But, since final decision has not been taken by the Tehsildar so far, no order interim or final can be passed at this stage. But, in the interest of justice, the writ petition is disposed of with a direction to respondent No. 4- Tehsildar, Kichha, District Udham Singh Nagar to take final decision on the application of the petitioner in accordance with law within a period of three days from the date of production of certified copy of the order. The respondent No. 4 will also consider whether the petitioner is bonafidely residing in the State of Uttarakhand for last 15 years.

Let a certified copy of the order be given to the counsel for the parties today itself on payment of usual charges.

Interim relief application No. 6500 of 2010 also stands disposed of.