BALKAR SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) By means of this petition the Petitioner has sought the following relief-

(2.) According to the Petitioner she is originally a resident of Village Birlanagar, Tehsil Gwalior, District Gwalior (M.P.) and from parental side she belongs to Rawat (Meena) caste, which is an O.B.C. Caste in the State of Madhya Pradesh. Her father Sri Vikaram Singh Rawat has been residing in the said Village for more than about 50 years. The Petitioner was born in the said village and all his upbringing and education took place there and her marriage was also solemnized in the said village. Since Rawat (Meena) caste was recognized as O.B.C. in the State of M.P., therefore, her entire family has been availing the benefits of O.B.C. there. The Petitioner has filed her educational certificates collectively as Annexure No. 2. The Petitioner got married in the year 1986 with Sri Digambar Singh Chauhan resident of Village Kota, Patti Ghurdaursyun, Tehsil Pauri, District Pauri Garhwal. According to the Petitioner her husband Sri Digambar Singh Chauhan also belongs to O.B.C. Caste in the State of Uttarakhand, therefore, even after marriage the status of the Petitioner did not get changed. In the year 2001 the village-wise census was conducted at the behest of the Government of India, and in Petitioner's village Kota Block Pabou, 241 residents are shown as belonging to O.B.C. Thereafter vide order dated 12-5-2005 rapid survey was ordered to be conducted by the District Magistrate Pauri under the Government Order No. 228-II/XXII/5/86 (09) 2004 T.C.-1, dated 5.5.2005 and in the same manner in the entire State of Uttarakhand in every districts such rapid survey was ordered to be conducted with regard to the population belonging to O.B.C. so as to facilitate the State Government to formulate reservation policy. Block Development Officers of the Districts constituted the committee to conduct rapid survey. The name of the husband of the Petitioner as well as of the Petitioner are shown at serial No. 189 and 190 respectively in the list so prepared belonging to O.B.C. Chauhan (Sunar) of Village Kota, Block Pabou, Tehsil Pauri, District Pauri Garhwal. The survey report in prescribed format -4 is enclosed as Annexure -6.

(3.) Further case of the Petitioner is that one Sri Brijmohan Singh Rawat made some misconceived complaint against the Petitioner to Respondent No. 3/Tehsildar Pauri, pursuant to which the Respondent No. 3 issued a show cause notice dated 5.11.2008 to the Petitioner. The Petitioner sought 15 days time to file reply to the show cause notice inasmuch as before filing her reply Petitioner wished to obtain some informations under Right to Information Act but the requisite information could not be supplied, therefore, she sought further time to file the reply but ignoring the said aspect of the matter the Respondent No. 3 passed the order cancelling the caste certificate of the Petitioner, which was initially issued to her in the year 1996. Hence this petition.