LAWS(UTN)-2010-8-158

SHYAM NARAYAN Vs. STATE OF UTTARAKHAND

Decided On August 06, 2010
SHYAM NARAYAN Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) By means of this writ petition, the petitioner has sought a writ in the nature of mandamus for a direction to the respondent nos.2, 3 & 4 to accept the application of the petitioner's son (Shubham Kanojia) for issuance of scheduled caste certificate showing the case as Dhobi and issue the Scheduled caste certificate to the petitioner's son forthwith.

(2.) Brief facts of the case are that petitioner's son belongs to the Dhobi caste, which is notified as Scheduled caste. The petitioner is a businessman. The son of the petitioner was born on 21.03.1992 and from his childhood he studied at District Udham Singh Nagar. The son of the petitioner passed his XIIth Examination in the year 2010 from Army School Hempur, District Udham Singh Nagar. Petitioner got his entire education from the State of Uttarakhand. After completing his education, the son of the petitioner is in urgent need of caste certificate for higher studies. Therefore, the petitioner applied for caste certificate for his son before the respondent no.4- Tehsildar, Tehsil-Kashipur, District Udham Singh Nagar, but caste certificate is not being issued to the son of the petitioner.

(3.) Although the petitioner has also prayed a writ of mandamus directing respondent nos.5 & 6 not to cancel the admission/seat of the petitioner's son but during the course of argument learned counsel for the petitioner submitted that he does not intend to press this relief at this stage rather he confined his prayer towards prayer no.1 only.