SATYA PRAKASH KUREEL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) According to petitioner, he is a permanent resident of District Raebareli in State of Uttar Pradesh, however, he obtained a Scheduled Caste certificate from Bhopal in State of Madhya Pradesh. Subsequently, on his application, he was issued a caste certificate by Tehsildar Kichha on 6/4/2005 declaring him to be a Scheduled Caste of State of Uttarakhand. The said caste certificate was cancelled by Tehsildar, Kichha on a complaint vide order dtd. 16/2/2018. Petitioner has challenged the cancellation order in this writ petition.

(2.) According to petitioner, he was born in Village Dallikhera, Post Tala (Gurbuxganj), District Raebareli in State of Uttar Pradesh, on 20/12/1970 and he studied upto VIIIth standard in District Raebareli and, thereafter, he migrated to Bhopal in State of Madhya Pradesh, where his father was employed with Madhya Pradesh State Electricity Board. From the documents brought on record, it is revealed that petitioner passed High School and Higher Secondary School Examination from Secondary Education Board Madhya Pradesh, Bhopal and he was awarded B.Com. and M.Com. degree by Barkatullah Vishwavidyalalya, Bhopal. The caste certificate issued to petitioner by Tehsildar Hujar District Bhopal on 9/8/1989 is on record as Annexure 9-A to the writ petition, which shows him to be permanent resident of Sudama Nagar Govindpura, Tehsil Hujar, District Bhopal. It is mentioned in the certificate that petitioner's caste is included in the list of Scheduled Castes of District Bhopal and benefit of said certificate would be available to him only in respect of scholarships/employment given by State of Madhya Pradesh.

(3.) G.B. Pant University of Agriculture and Technology is a State University established under U.P. Krishi Evam Prodyogik Vishwavidyalalya Adhiniyam, 1958. In the year 1998, petitioner was appointed as Assistant Accountant in the said University against a post reserved for Scheduled Castes. State of Uttarakhand came into being w.e.f. 9/11/2000 in terms of provisions contained in U.P. State Reorganization Act, 2000 and, upon state reorganization, said University became State University of Uttarakhand.