SHAMA PARVEEN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) According to the pleadings raised by the petitioner, its her case that she is a permanent resident, she contends that she is resident of Mohalla Nai Basti, Ward No.13, Jaspur, District Udham Singh Nagar. It is her case in the writ petition, that the family of the petitioner had resided at the said place, however, since prior to her birth on 10/8/1986, i.e. at Jaspur District Udham Singh Nagar, in order to fortify the aforesaid facts that she happens to be a permanent resident of the State. She places reliance on the Permanent Resident Certificate No. 11269, issued in her favour on 29/5/2007 in pursuance to the Government Order No.2588/one-4/S.P./2001. The permanent resident certificate thus issued in favour of the petitioner is still valid, and stands issued in her favour by competent authority which is annexed as annexure No.1 to the writ petition being that of 29/5/2007. Hence, it is not the bone of contention or the controversy, as far as the instant writ petition is concerned that petitioner is a permanent resident of State of Uttarakhand.

(2.) The actual dispute which is involved for adjudication in the present writ petition is that the petitioner who claims herself to be belonging to a Caste called as "Chhipi", which happens to be an OBC Caste belonging to the Muslim community. Her case in the petition is that the said Caste is being recognized as OBC Caste as per Entry 19 of Schedule-I, which has been made applicable in the State of Uttarakhand and since she being a permanent resident of the State, she ought to have been issued with the Caste Certificate of OBC, so as to enable her to take the benefits, as are available to the reserved category candidates as per laws of reservation.

(3.) In fact her case is also that considering the aforesaid backdrop that since she was already accorded with the Caste Certificate No. A974 on 27/3/2008. Apart from the educational background which she has narrated in the writ petition, she has submitted that the OBC Caste Certificate when it was issued to her it was compared and it was also counter signed by the Tehsildar, Jaspur, Udham Singh Nagar as well as the Sub Divisional Magistrate, Kashipur on 27/3/2008. But all of a sudden, by virtue of the impugned communication dtd. 24/9/2018, as received by the petitioner on her Whatsapp message from the office of the Respondent Nos.2 and 3, which has been inferred and concluded that the Caste Certificate which stood granted in favour of the petitioner would be deemed to be treated as have been cancelled. The message as send on the whatsapp of the petitioner, which is impugned in the petition is quoted here under :-