Rashid Shah vs State Of Uttarakhand & Others

Manoj Kumar Tiwari, J

According to the petitioner, he belongs to a community which has been identified as O.B.C. in State of Uttarakhand. Petitioner applied for a caste

certificate. His application has been rejected by the Competent Authority. The rejection order is on record as Annexure No.1 to the writ petition.

In the rejection order, the reason assigned is that the petitioner has not enclosed any evidence in respect of 1985. The said remark in the rejection

order does not make any sense. It was incumbent upon the competent authority to assign reason for rejection of petitioner’s application. Passing a

reasoned order is one of the concomitant of the principles of natural justice.

Since the impugned order does not disclose reason for rejecting petitioner’s application, therefore, the same is liable to be quashed and is hereby

quashed. The writ petition is allowed. Petitioner is given liberty to make fresh application for grant of O.B.C. Certificate within three weeks from

today. Petitioner shall enclose all documents in support of his claim that he belongs to O.B.C. category. The Competent Authority shall thereafter look

into the matter and after making necessary inquiry, shall pass a speaking and reasoned order in accordance with law within four months from the date

of receipt of petitioner’s application.