Research › Search › Judgment

Uttarakhand High Court · body

2016 DIGILAW 654 (UTT)

MAIRAJU NISHA v. STATE OF UTTARAKHAND

2016-09-28

V.K.BIST

body2016
JUDGMENT Hon’ble V.K. Bist, J. Present petition has been filed by the petitioner for a direction to the respondent no. 3 to issue a caste certificate in favour of the petitioner forthwith. 2. Learned counsel for the petitioner submitted that the petitioner belongs to ‘Joha’ community, which is notified as Other Backward Caste in the State of Uttarakhand. He submitted that the petitioner is permanently residing in the State of Uttarakhand in Tehsil Gadarpur, district Udham Singh Nagar. He submitted that the petitioner was born and brought up in the State of Uttarakhand and from her childhood, she studied in the State of Uttarakhand. Learned counsel for the petitioner submitted that the petitioner is in urgent need of the caste certificate for her higher studies. Learned counsel for the petitioner argued that the application of the petitioner for issuance of the caste certificate is pending before the respondent no.3 since 2014 and, as per the Government Order dated 02.04.2013, the petitioner is entitled for issuance of caste certificate. He submitted that the respondent no.3 has not taken any decision in the matter for about last two years. He prayed that direction may be issued to the Tehsildar, Gadarpur, district Udham Singh Nagar to take a decision on the application of the petitioner for issuance of caste certificate at the earliest. 3. In my considered view, every application for issuance of Caste Certificate or issuance of Permanent Resident Certificate should be decided within a prescribed period. 4. Considering the fact that the application of the petitioner for issuance of the caste certificate is pending consideration before the respondent no.3 for about last two years, the writ petition is disposed of with a direction to the respondent no.3 i.e. Tehsildar, Gadarpur, district Udham Singh Nagar to take a final decision on the said application of the petitioner, in accordance with law, within a period of ten days’ from the date of production of a certified copy of this judgment. 5. Interim relief application (CLMA No.9952 of 2016) also stands disposed of.