ANSHU SINGH GANGWAR D/O SRI RAMESHWAR DAYAL GANGWAR, THROUGH HER NATURAL GUARDIAN FATHER S/O SRI HARDEV SINGH Vs. STATE OF UTTARAKHAND THROUGH SECRETARY DEPARTMENT OF REVENUE,

JUDGEMENT

(1.) IN the writ petition, Appellant contended that for no just reason Other Backward Class certificate, to which the Appellant is otherwise entitled to, has not been issued to her. The Court issued a direction upon the concerned authority to decide the matter within four weeks from the date of production of a certified copy of the order. Accordingly, the writ petition has been allowed. However, Appellant has succeeded in the Common Entrance Examination for being enrolled in one of the Engineering Colleges under the Uttarakhand Technical University. The counselling process for admission into the College, namely, Kumaon Engineering College, Dwarahat has commenced from 20th July, 2011 and would continue until 26th July, 2011. If by 26th July, 2011, Appellant is unable to participate in the counselling process, her admission will be considered as cancelled. In order to attend the counselling process, Appellant is required to take alongwith her, inter alia, a certificate proving the category to which she belongs. In the circumstances, Appellant is before us.

(2.) FOR the reasons indicated above, we only modify the order under appeal by directing that the Appellant shall be entitled to participate in the counselling process on the strength of this order as a candidate belonging to Other Backward Class community but the outcome of such counselling shall not be given effect to until a certificate acknowledging that the Appellant belongs to Other Backward Class community is issued by the appropriate authority and the same is produced before the College. In the meantime, the competent authority, as directed by the order under appeal, shall decide the application of the Appellant for grant of caste certificate, as has been applied for by her, within the time as mentioned in the order under appeal.

(3.) LET the costs of this appeal assessed at Rs. 5,000/ - (Rupees five thousand) be paid by the Appellant, inasmuch as the computer print out, which suggested that the counselling would be done from 20th July, 2011 to 26th July, 2011, was obtained on 19th July, 2011, but the same was not annexed to the writ petition and at the same time the order of this Court dated 15th July, 2011 passed in Special Appeal No. 150 of 2011 was also not annexed to the writ petition. The amount of Rs. 5,000/ - (Rupees five thousand) be deposited within seven days from today with the High Court Legal Services Committee. In default, the order shall stand recalled.