AZIM ILIYAS Vs. STATE OF UTTARAKHANAD

JUDGEMENT

(1.) UNDISPUTEDLY , as revealed from annexure No. 1 to the writ petition, respondent No. 3 claiming himself domicile O.B.C. candidate of Uttar Pradesh, applied for Provincial Health and Medical Services, U.P. through Public Service Commission, U.P., Allahabad; respondent No. 3 was got selected as O.B.C. candidate and was given posting in EMO, District Hospital Sambhal, District Moradabad as revealed from S.No. 167 of page No. 23 of the paper book; undisputedly, appointment letter to respondent No. 3 was issued on 7th October, 2014; meanwhile, respondent No. 3 applied before the Tehsildar, Dehradun for issuance of the O.B.C. certificate claiming himself to be permanent resident of Uttarakhand; respondent No. 3 has also filed Writ Petition (M/S) No. 1443 of 2014, Vaseem Ahmed Vs. State of Uttarakhand and others before this Court, which was disposed of vide judgment dated 30.06.2014, annexure No. 4 to the writ petition; it was argued by Mr. Arvind Vashistha, learned Senior Counsel, appearing for respondent No. 3 herein, in Writ Petition (M/S) No. 1443 of 2014 on behalf of the petitioner therein / respondent No. 3 herein that since petitioner therein was residing in the State of Uttarakhand for last 15 years and belonged to Muslim Dhunkar / Dhunia community, therefore, petitioner therein should be issued O.B.C. certificate. It was not brought to the notice of this Court that petitioner had applied for Medical and Health Services of U.P. claiming himself as O.B.C. of Uttar Pradesh and was given appointment being domicile and O.B.C. of U.P.; therefore, believing the arguments of Mr. Arvind Vashistha, learned Senior Counsel, appearing for the petitioner therein, this Court was pleased to pass order dated 30.06.2014 saying since petitioner did his entire studies right from 1st standard to M.B.B.S. from the state of Uttarakhand, therefore, he should be treated as permanent resident of Uttrakhand and inquiry should be held pertaining to his caste and if he is found to be O.B.C. of Uttarakhand, O.B.C. certificate be issued to the petitioner therein. Pursuant to the order dated 30.06.2014, caste certificate was issued in favour of the respondent No. 3 herein on 7th July, 2014. On the strength of such caste certificate issued by Uttarakhand Authorities, respondent No. 3 herein has been allotted seat in Master of Surgery (Orthopedics) as O.B.C. of Uttarakhand. Having acquired knowledge about the entire episode, petitioner who was denied allotment in Master of Surgery (Orthopedics), has approached this Court by way of present writ petition.

(2.) I have heard Mr. Sharad Sharma, Senior Advocate assisted by Ms. Vandana Singh for the petitioner, Mr. Syed Naddim, learned Standing Counsel for respondent No. 1 and Mr. Shailendra Nauriyal, Advocate for respondent No. 2 and Mr. Arvind Vashistha, Senior Advocate assisted by Mr. Ashwin Sinha, Advocate for respondent No. 3.

(3.) HAD it been brought in my notice, while hearing the writ petition WPMS No. 1443 of 2014, by the petitioner therein or his counsel Mr. Arvind Vashistha, appearing on behalf of the petitioner therein that petitioner therein, in fact, had applied and was granted appointment by the State of U.P. as O.B.C. candidate of U.P., certainly, I would have not passed the order dated 30.06.2014.