SARITA Vs. STATE OF U P

JUDGEMENT

(1.) NOTICE on behalf of the respondents has been accepted by the learned Chief Standing Counsel. With the consent of the parties' counsel, the writ petition is being disposed of finally at the admission stage. The petitioner who is an unmarried daughter of Chhedi Lal applied for issuance of caste certificate. The petitioner is aggrieved by the report submitted by the Tehsildar saying that she belongs to general category of 'Vaish' and, therefore, caste certificate for 'Kasaudhan' (backward class) cannot be issued. The learned counsel for the petitioner submits that real brother of the petitioner has already been issued caste certificate of 'Kasaudhan' and, therefore, the report is not correct. Merely on submission of the report by the Tehsildar, the writ petition would not be maintainable nor this Court would quash the report. After the submission of the report it is the obligation of the District Magistrate or the concerned authority to decide the application for issuance of caste certificate, taking into consideration the entire material on record and verifying the veracity and truthfulness of the report submitted by the revenue authority. The submission of report and the recommendations made therein cannot be final as still it is the concerned authority, who has to take a decision. We, therefore, do not find any cause of action in favour of the petitioner to approach this Court at this stage. However, we would provide that the petitioner may make an additional application bringing on record all the pleas, before the District Magistrate/concerned authority, who shall take a decision in the matter by affording her opportunity of hearing, expeditiously, say preferably within a maximum period of six weeks from the date of receipt of a certified copy of this order. The writ petition is disposed of accordingly.