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2013 DIGILAW 764 (UTT)

HIMANSHU SINGH v. STATE OF UTTARAKHAND

2013-11-27

SUDHANSHU DHULIA

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JUDGMENT Hon’ble Sudhanshu Dhulia, J. (Oral) 1. This writ petition has been filed by the petitioner in order to get a caste certificate of Scheduled Caste, as the same has been denied to the petitioner by the authorities in Uttarakhand. The petitioner claims to be a member of Scheduled Caste Community known as “Chamar”, which is notified as Scheduled Caste in the State of Uttarakhand. 2. The caste of “Chamar” is given in Scheduled Caste community as notified in Part XXXIV - Uttaranchal Amendment of the Constitution (Scheduled Castes) Order, 1950 in Uttar Pradesh Reorganisation Act 2000, which is also notified as Scheduled Caste for the State of Uttarakhand. On this point these are the admitted fact. 3. The petitioner also claims to have born on 31.03.1994 at Haridwar, which is in the territory of Uttarakhand. For the sake of record, the petitioner has also filed birth certificate, which is annexed as annexure No. 1 to the rejoinder affidavit. 4. The caste certificate, however, is not being given to the petitioner by the authorities of Uttarakhand for the reason that the petitioner is not a permanent resident or “Mool Niwas” of Uttarakhand. 5. This is an admitted fact that the petitioner has been staying since 1994 in the State of Uttarakhand. Moreover, the learned Single Judge of this Court in Ajay Kumar Vs State of Uttarakhand decided on 17.08.2012 has held that the date which would entitle a person for a Caste Certificate would be 9th November, 2000 i.e. appointed day when the State of Uttarakhand came into existence. Presently, there is no dispute with the fact that the petitioner is a bona fide resident on 9th November, 2000. Hence, in view of the above, this Court is of the view that the petitioner is liable to get a caste certificate from the authorities in Uttarakhand. The petitioner shall give an affidavit to the authorities at Uttarakhand to this effect that the petitioner is a permanent resident of Uttarakhand and belongs to Scheduled Caste community stating the particulars of the caste, and also that he has no caste certificate in his favour from any other State. The petitioner shall give an affidavit to the authorities at Uttarakhand to this effect that the petitioner is a permanent resident of Uttarakhand and belongs to Scheduled Caste community stating the particulars of the caste, and also that he has no caste certificate in his favour from any other State. In case, the petitioner does so, the authority concerned, who has issued provisional caste certificate to the petitioner, is directed to issue a Scheduled Caste Certificate to the petitioner within a period of four weeks from the date of production of a certified copy of this order. 6. With the aforesaid observations, the writ petition is disposed of. 7. No order as to costs.