DHANGAR SAMAJ MAHA SANGH Vs. STATE

JUDGEMENT

(1.) THE applicant Sanjay Dhangar is petitioner No. 22 in Writ Petition No. 435 (M/B) of 2003. According to the averments in the application the applicant had appeared in the entrance examination conducted by the Uttaranchal Board of Technical Education, Roorkee. The result of the entrance examination was published on 5.6.2005. The counseling will start from 25.6.2005. As per the instructions given to the students appearing in the entrance examination, they have to produce the latest caste certificate and if they fail to produce the latest caste certificate they will not get the benefits available to Scheduled Caste or Scheduled Tribe or Other Backward Caste, as the case may be. In the school leaving certificate issued from Pragati Convent Public School Kashipur, Udham Singh Nagar on 30.6.1996, applicant's caste has been mentioned as "Dhangar". A copy of the school leaving certificate has been annexed as Annexure -4. In the transfer certificate issued from Radha Krishna Uchtar Madhyamik Saraswati Vidya Mandir Bajpur, Udham Singh Nagar the applicant's caste has been mentioned as "Dhangar". A copy of the transfer certificate has been annexed as Annexure -5. The 3rd respondent Tehsildar had issued a caste certificate to the applicant on 24.6.1994 stating that he is a member of Scheduled Caste and he belongs to the Sub -Caste "Dhangar". A copy of the said caste certificate has been annexed as Annexure -1. On the basis of the abovementioned averments the applicant prays for an interim order directing respondents 1 and 4, namely, State of Uttaranchal and State of U.P., all their servants, Agents and Educational Institutions established or controlled by respondents No. 1 and 4 and in particular the Uttaranchal Board of Technical Education, Roorkee to treat the applicant as a Scheduled Caste candidate belonging to "Dhangar" community on the basis of the caste certificate issued by respondent 3 on 24.6.1994. The apprehension of the applicant is that in view of the specific instructions contained in the instructions to students, when the applicant appears for the counseling, the Uttaranchal Board of Technical Education, Roorkee will not consider the caste certificate issued to the applicant on 24.6.1994 and will insist on the latest caste certificate issued by the competent authority. At the same time the applicant cannot get a new caste certificate stating that he is a member of the Scheduled Caste, as the caste certificates issued to his uncle and father, stating that they are members of Scheduled Caste, have already been cancelled by the 3rd respondent as per order dated 14th May, 2003 (Annexure -20), which is under challenge in the writ petition. It is contended that the said order of the Tehsildar is illegal and that since the said order is under challenge in the writ petition, the applicant should be treated as a member of the Scheduled Caste pending final decision in the writ petition.

(2.) WE have heard Mr. P.M.N. Singh, the learned Counsel for the applicant and Mr. J.P. Joshi, the learned Additional Chief Standing Counsel for the State of Uttaranchal. We have also perused. The materials placed on record.

(3.) THE learned Counsel for the applicant submitted that, but for Annexure -20 order dated 14.5.2003 of the Tehsildar Kashipur, the applicant would have obtained a recent caste certificate stating that he is a member of the scheduled caste. It is pointed out that the Tehsildar Kashipur has already taken a view that "Dhangar" is not a scheduled caste and that it is only a Sub -caste of "Gadaria" caste, which is Other Backward Class. According to the learned Counsel, since Annexure -20 order of the Tehsildar is under challenge in the writ petition, members belonging to "Dhangar" caste are entitled to be treated as members of Scheduled Caste on the strength of caste certificates earlier issued in their favour till a final decision is taken in the writ petition. We cannot accept this contention. In the absence of any interim order staying the operation of Annexure -20 order of the Tehsildar, members of "Dhangar" caste cannot be treated as members of scheduled caste pending final decision in the writ petition.