SUBHASH CHANDRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The application to condone the delay of 591 days in preferring the appeal is not opposed by Mr. S.S. Chauhan, learned Deputy Advocate General for the State of Uttarakhand, and the delay is, therefore, condoned. Delay Condonation Application (CLMA) No. 7399 of 2019 stands disposed of.

(2.) This appeal is preferred against the judgment and order passed by learned Single Judge in Writ Petition (M/S) No. 434 of 2017 dtd. 13/9/2017. The petitioner claims that he belongs to the "KHATIK" Caste which is a Scheduled Caste listed in terms of Article 340 of the Constitution of India. The Tehsildar, however, held that he belonged to the "GADARIYA" Caste, as per the revenue records of his grandfather; he belonged to the Other Backward Classes; and he was not entitled to be issued a Caste Certificates that he belonged to the Scheduled Castes Aggrieved thereby, the appellant-writ petitioner invoked the jurisdiction of this Court. In order the under appeal, the learned Single Judge observed that new guidelines had been issued on 2/4/2013. The writ petition was disposed of directing the respondent to consider the petitioner's case afresh, as per the instructions dtd. 2/4/2013, within three months. Aggrieved thereby the present appeal.

(3.) Mr. Devesh Bishnoi, learned Counsel for the appellant-writ petitioner, would submit that the instructions dtd. 2/4/2013 do not relate to the determination of the Caste status of individuals; it only contains details regarding the area, and the stage for being conferred such a benefit; and the order under appeal, therefore, necessitates interference.