SWAROOP CHAND SINGH Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Sri Ravi Kant, Senior Advocate, assisted by Sri Ram Raj Prajapati and Sri Ashok Mehta, Senior Advocate assisted by Sri Saurabh Kumar, for the petitioner. Sri Rakesh Kumar Gupta appears for Sri Hari Sharan Gautam (Intervenor). Sri Ramesh Upadhyay, learned Chief Standing Counsel assisted by Sri Vivek Shandilya, Additional Chief Standing Counsel appear for State respondents.

(2.) This reference arises out of a difference of opinion expressed by a Division Bench presided by one of us (Hon'ble Sunil Ambwani, J) with the Division Bench judgement of Lucknow Bench of the Court in Service Bench No.2080 of 2011 (State of UP Vs. Vijay Shankar & another) decided on 23.12.2011. The questions, which have been referred to be considered by this larger Bench, are as follows:-

(3.) The facts giving rise to the Writ petition No. 35775 of 2013 are that Sri Swaroop Chand Singh son of Srichandra - the petitioner claims that he belongs to 'Kasera' caste, which according to him is a sub-caste of 'Shilpkar', and falls within the category of Scheduled Caste, as notified under Article 341 of the Constitution of India. The petitioner applied to the District Magistrate, Mirzapur to issue a caste certificate for his minor son Tarang Singh, to verify that he belongs to Scheduled Caste for claiming admission to any College. In the writ petition, the petitioner has prayed for a writ, order or direction in the nature of mandamus directing respondent No.2 - the District Magistrate, district Mrizapur to issue a Scheduled Caste Certificate in the name of petitioner's son namely Tarang Singh in the light of judgement and order dated 23.12.2011 passed in Writ Petition No. 2080 of 2011 (State of U.P. And others Vs. Vijay Shankar and another), within a period specified by the Court.