AI Structured Summary
Not yet generated for this judgment
Judgment
V.K. Bist, J.
Writ Petition No. 1259 of 2010 (M/S)
List in the week commencing 9th August, 2010. In the meantime respondents may file counter affidavit.
Stay Application No. 5958 of 2010
By means of this writ petition, the petitioner has sought a writ in the nature of certiorari for quashing the impugned rejection order dated
15.07.2010 passed by respondent No. 4-Tehsildar, Kiccha Udham Singh Nagar.
Brief facts of the case are that father of the petitioner is working on the post of Assistant in Govind Ballabh Pant University of Agriculture and
Technology, Pantnagar since 26.02.1994. Petitioner was born and brought up in the State of Uttarakhand. He belongs to Chamar caste which is
shown as Scheduled Caste (S.C.) in the notification issued by the State of Uttarakhand. After completing his secondary education, petitioner
appeared in All India Engineering/Agriculture Entrance Examination, 2010. He qualified the same. Due to this reason the petitioner is in urgent need
of caste certificate. Therefore, petitioner submitted an application for issuance of caste certificate before respondent No. 4-Tehsildar, Kiccha
District-Udham Singh Nagar. But his application was rejected on the ground that caste certificate cannot be issued to him as he is original resident
of State of Uttar Pradesh. Aggrieved by the order dated 15.07.2010 present writ petition has been filed.
Learned Counsel for the petitioner submitted that father of the petitioner is residing in Pantnagar since 1994. He submitted that the petitioner
was born and brought up in the State of Uttarakhand. He passed his secondary education in the State of Uttarakhand. In such circumstances it
cannot be said that he is not original resident of State of Uttarakhand. 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 in denying the caste certificate to the
petitioner is not only illegal but also arbitrary.
Prima facie, I am satisfied with the arguments advanced by learned Counsel for the petitioner. Therefore, direction is issued to respondent No.
4-Tehsildar Kiccha, District-Udham Singh Nagar to issue provisional caste certificate to the petitioner in accordance with law within a period of
three days from the date of production of certified copy of the order. The same shall be subject to the decision of the writ petition. The petitioner is
also directed to complete required formalities at the time of submission of certified copy of the order.
Let a certified copy of the order be given to the counsel for the parties within 24 hours on payment of usual charges.
Application stands disposed of.