STATE OF UTTARANCHAL AND OTHERS Vs. BHOODEV SINGH

JUDGEMENT

(1.) HEARD Mr, B.K. Gupta, learned Additional Ad­vocate General for State/appellant and Mr. M.C. Kandpal, Sr. Advocate assisted by Mr. S.S. Chaudhary, learned counsel for the respondent.

(2.) IN the present appeal the im­pugned judgment is dated 19-11-2005 passed by learned Single Judge in the writ petition no. 548 (S/S) of 2005 (Bhoodev Singh Vs. State of Uttaranchal and others) thereby quashing the order dated 21-04-2005 passed by original re­spondent no. 4 in writ petition on the ground that Caste - Dhivar has been shifted from Scheduled Caste Category to OBC Category in the State of Uttarakhand.

(3.) LEARNED counsel for appellant Sri Gupta, Additional Advocate General ar­gued that it was not clear whether writ petition belongs to caste Turaiha or he belongs to caste -Dhivar. The domicile certificate of the petitioner is also highly suspicious and it is not known what is the correct address of the writ petitioner and as such, in the facts and circumstances of the cases the impugned order was rightly passed by the respondent no. 4 - Princi­pal, DIET, Bhimtal, Nainital. The learned counsel further stated that the learned Single Judge committed an error in holding that the caste of the petitioner was shifted from Scheduled Caste to Other Backward Class Category in State of Uttarakhand. He stated that neither the State Government nor the Central Gov­ernment has ever issued any notification to this effect.