GAURAV PAL v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. SOCIAL WELFARE GOVT. OF U.P. LKO AND 3 OTHERS
WRIC/163/2025 · 2025-02-10
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 114935 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 114935 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:8464-DB Court No. - 2 Case :- WRIT - C No. - 163 of 2025 Petitioner :- Gaurav Pal Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Social Welfare Govt. Of U.P. Lko And 3 Others Counsel for Petitioner :- Yashovardhan Swarup,Bhavya Upadhyay,Desh Deepak Singh,Sandeep Kumar Pal Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard.
2. Supplementary affidavit filed today by learned Counsel for the petitioner is taken on record.
3. The application of the petitioner for issuance of caste certificate has been rejected by a cryptic recital/information uploaded on the web portal to the effect-'caste wrong'. Nothing else has been stated.
4. This is not the first case where application for issuance of caste certificate has been rejected with such cryptic observation. The petitioner claims to have disclosed his caste as 'Dhangar (धनगर)' while applying for caste certificate, which according to him, is a schedule caste as per the Constitutional Order on the subject, therefore, the rejection, according to him, is misconceived. We have already considered a similar issue in Writ C No.6207 of 2024 which has been decided on 07.02.2025 in the following terms:-
"1. Heard.
2. By means of this petition, the petitioners who claim to belong to 'Dhangar (धनगर)' caste have filed this petition challenging documents annexed as Annexure nos.1 and 2 which are downloaded copies by which it is said that application of the petitioner for issuance of scheduled caste certificate has been declined with the cryptic observation-''
सहह जजतत कज चयन करर".
3. The submission is that the petitioners while applying for the same have mentioned their caste as 'Dhangar (धनगर)' which is a scheduled caste as per the Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956 wherein for the entire State of Uttar Pradesh, the scheduled castes are mentioned and the caste 'Dhangar' is mentioned at Sl.no.27. The submission is that in
view of this apparent legal position, the rejection apart from being cryptic is not sustainable.
4. Learned counsel for the State sought to argue that sub-castes are not eligible for issuance of a scheduled caste certificate. However, we would not wish to go into this issue as what we find from a reading of the impugned order is that, firstly, it is a cryptic
order. The only reason given for rejection of the application is as noticed hereinabove that the petitioner has not mentioned the correct caste. This is absolutely an unreasoned order. 'Dhangar (धनगर)' is a scheduled caste as per Sl. No.27 of the list of Scheduled Castes for the entire State of U.P. as per the constitutional order unless of course it has been amended or deleted subsequently which is not the case of the State's counsel as of now.
5. We are, therefore, of the opinion that the impugned order cannot be sustained. It is accordingly quashed. We direct the Tehsildar concerned to pass a reasoned order on the application of the petitioners as regards issuance or non-issuance of the scheduled castes certificate to him taking into consideration the plea raised by him in a representation which shall be submitted along with a certified copy of this order. Let a decision be taken in this regard at the earliest, if possible, within one week as counseling of CLAT examination is to take place soon.
6. With these observations/ direction, the petition is disposed of."
5. For the reasons given in the abovequoted order which applies in this case also, we quash the impugned information/order as referred hereinabove with a direction to the Tehsildar Ramnagar, District-Barabanki to consider and pass a reasoned
order on the application of the petitioner at the earliest say within a period of 15 days' from the date of submission of a certified copy of this order. It is made clear that irrespective of the fact that 'Dhangar (धनगर)' is mentioned in the Constitutional
Order whether the petitioner is actually 'Dhangar (धनगर)' or not is open for consideration by the Tehsildar.
6. It is open for the petitioner to apprise the Tehsildar about such facts and documents as are relevant to a decision on the application.
7. With the aforesaid observations, the writ petition is disposed of. [Om Prakash Shukla, J.] [Rajan Roy, J.]
Order Date :- 10.2.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench