MOHD FARMAAN AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner has filed an application for grant of a caste certificate contending that his caste is Momin Ansar which comes under the OBC category and consequently requires a certificate for the purpose of employment.

(2.) An inquiry was conducted and the Lekhpal submitted a report indicating that the petitioner is a Sheik Ansar which does not come under OBC and comes under the general category. The petitioner upon coming to know about this report, filed an objection contending that the word 'Sheik' is a title given to a person in order to show respect to him and is not a caste or sub caste and, therefore, the report of the Lekhpal is incorrect and that a fresh report should be called for that purpose. The petitioner also contended that he should be treated as a Momin Ansar and a certificate to that effect may be issued to him. The Tehsildar, after considering the matter, rejected the petitioner's application holding that an OBC certificate? could not be granted to him as he comes under the general category.

(3.) The petitioner preferred a writ petition which was dismissed on the ground that the petitioner should file an appeal. The appeal was accordingly filed before the Sub Divisional Magistrate, who also rejected the appeal by the impunged order. The petitioner being aggrieved by the aforesaid order have filed the present writ petition.