KM RUPA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this writ petition, the petitioner has sought a writ in the nature of mandamus for a direction to the respondents to issue caste certificates to the petitioners forthwith.

(2.) Brief facts of the case, as stated, are that petitioners belong to the Jatav caste, which is notified as Scheduled caste. The petitioner no.1 to 3 are permanently residing in the State of Uttarakhand in village Roshanpur, Tehsil Gadarpur since their birth and got their entire education from the State of Uttarakhand. The petitioner no.1 was born on 04.07.1994, the petitioner no.2 was born on 02.07.1993 and the petitioner no.3 was born on 04.05.1990 and from their childhood they studied in District Udham Singh Nagar. After completing their education, the petitioner nos.1 to 3 are in urgent need of caste certificates for higher studies. The petitioner no.4 is also in need of caste certificate for the benefit of the reservation in her services as she is working in a cooperative society. Therefore, they applied for caste certificates before the respondent no.4- Tehsildar Gadarpur, District Udham Singh Nagar, but caste certificates are not being issued to the petitioners.

(3.) Learned counsel for the petitioners submitted that the grandfather of the petitioner nos.1 to 3 and father-in-law of the petitioner no.4 is residing in the State of Uttarakhand since 27.11.1975 and he has also landed property in village Roshanpur, Tehsil Gadarpur, Udham Singh Nagar. He further submitted that the father of the petitioner nos.1 to 3 and the husband of the petitioner no.4 was issued a caste certificate by the respondent no.4 on 28.09.2006 and he was also issued a domicile certificate on 05.11.1986. He also submitted that the petitioner nos.1 to 3 was born and brought up in the State of Uttarakhand and from their childhood they studied in the State of Uttarakhand. Thus, it cannot be said that petitioners are not original residents of State of Uttarakhand. He further submitted that petitioners applied for the caste certificates before the Tehsildar Gadarpur, District Udham Singh Nagar but the Tehsildar is not issuing the caste certificates to the petitioners and lingering the matter. Learned counsel for the petitioners 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 is not only illegal but also arbitrary.