Babita vs State of Uttarakhand and Others

B.S. Verma, J.—Heard learned Counsel for the parties and perused the record.

By means of this writ petition, the petitioner has sought the following relief:

A. To issue a writ, order of direction in the nature of mandamus to respondent Nos. 2, 3 and 5 to grant admission to the petitioner to the Ayurvedic Nurses Training Course commencing with effect from 1st December 2009 on the basis of the caste certificate dated 3-12-2009 (Annexure-5) issued by the Government department of the father of the petitioner.

B. To issue a writ, order of direction in the nature of certiorari quashing the impugned order dated 15-5-2010 passed by Respondent No. 6 (Annexure No. 2 to the writ petition) rejecting the application dated 18-04-2010 for issue of caste certificate.

C. To issue a writ, order of direction in the nature of mandamus to Respondent Nos. 1, 4 and 6 to issue caste certificate to the petitioner.

D. To pass such orders which the Hon''ble High Court deems fit in the facts and circumstances of the case in favour of the petitioner.

E. To award the cost of the writ petition to the petitioner.

Learned Counsel for the petitioner has contended that the petitioner is being denied admission to the Ayurvedic Nurses Training Course because the respondent No. 6-Tehsildar Chobatta Khal had declined to issue caste certificate to the petitioner on 18-4-2010 whereas the petitioner is fully covered by the Government Order No. 736/XXX(2)/2004 dated 27-5-2004.

A perusal of the record shows that an application for issuance of caste certificate was made by the father of the petitioner, namely Kallu Singh on 18-4-2010 to the District Magistrate, Pauri Garhwal. It appears that the revenue authorities declined to issue the Scheduled Caste certificate to the father of the petitioner on the ground that he is a resident of Uttar Pradesh and he is working in Uttarakhand since 1992. The caste certificate has been rejected on the ground that Kallu Singh is possessing caste certificate from the State of Uttar Pradesh.

During the course of arguments learned Counsel for the petitioner vehemently argued that the petitioner has been continuously residing in the territory of new State of Uttarakhand since the year 1992 and that the petitioner is fully entitled to the benefit of the Government Order dated 27-5-2004 as well as in view of the judgment dated 12-5-2010 rendered by this Court in Writ Petition (M/S.) No. 1359 of 2009 Paras v. State of Uttarakhand and Ors. whereby the writ petitions of other similarly situated persons has been allowed and Tehsildar concerned was directed to issue Caste certificate to those petitioners.

I have considered the submissions of the learned Counsel for the petitioner and have perused the entire material placed before this Court.

So far as relief No. 2 for issue of caste certificate is concerned, the caste certificate was declined to be issued on the ground that the father of the petitioner Kallu Singh is a resident of U.P.

In the facts and circumstances of the case, liberty is given to the petitioner to make a fresh application to the respondent No. 6-Tehsildar concerned, who shall decide the same afresh on the basis of the Government Order No. 736/XXX(2)/2004 dated May 27, 2004 and in view of the judgment and order dated 12-5-2010 passed by this Court in Writ Petition (M/S.) No. 1359 of 2009 Paras v. State of Uttarakhand and Ors. since the petitioner was not heard and no opportunity of hearing was given to her before rejecting her application for issue of caste certificate.

Accordingly, the petitioner is directed to make a fresh application for grant of caste certificate within a period of one week from today to the Tehsildar Chobatta Khal, district Pauri Garhwal, who shall decide the application of the petitioner for issuance of caste certificate in view of the Government Order No. 736/XXX(2)/2004 dated May 27, 2004 and in view of the judgment and order dated 12-5-2010 passed by this Court in Writ Petition (M/S.) No. 1359 of 2009 Paras v. State of Uttarakhand and Ors. by a speaking and reasoned order within a period of two weeks from the date of production of a certified copy of this order along with the application, whether the petitioner is entitled to get the benefit of the said Government Order.

So far as the relief No. 1 is concerned, the same can only be considered after the decision is taken by the Tehsildar concerned on the point of caste certificate afresh, as directed above. The petitioner would also be at liberty to file a fresh petition regarding prayer No. 1, after the decision of Tehsildar concerned, if cause of action still survives.

With the above directions, the writ petition is disposed of finally.

A certified copy of this order be issued to the learned Counsel for the parties today on payment of usual charges.