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2025 DAILYLAW 148883 (ALL)

AADITYA PAL THRU. THEIR NATURAL GUARDIAN /FATHER SRI JEEVENDRA KUMAR PAL AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. SOCIAL WELFARE DEPTT. U.P. GOVT. LKO. AND OTHERS

WRIC/6207/2024 · 2025-02-07

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8141-DB Court No. - 2 Case :- WRIT - C No. - 6207 of 2024 Petitioner :- Aaditya Pal Thru. Their Natural Guardian /Father Sri Jeevendra Kumar Pal And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Social Welfare Deptt. U.P. Govt. Lko. And Others Counsel for Petitioner :- Ravi Shanker Singh,Amit Singh,Kirti Veer Singh Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 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. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 7.2.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench