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2025 DAILYLAW 15075 (UTT)

HARVANSH SINGH v. STATE OF UTTARAKHAND

WPMS/3255/2025 · 2025-11-25

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:10483 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/3255/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Saurabh Kumar Pandey, learned counsel for the petitioner. 2. Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand. 3. Petitioner is challenging a caste certificate issued in favour of respondent no. 4 by Tehsildar, Sitarganj, District Udham Singh Nagar. By the said certificate, respondent no. 4 is declared as belonging to Other Backward Class of Uttarakhand State. 4. Petitioner contends that earlier also, an OBC certificate was issued in favour of respondent no. 4, which was subsequently cancelled on 29.09.2019. Thus, it is contended that once the OCB certificate, issued in favour of respondent no. 4 is cancelled, then fresh certificate cannot be issued in her favour. 5. Learned State Counsel submits that as per Government Policy, certain conditions have to be fulfilled by a candidate for getting caste certificate. He submits that respondent no. 4 appears to have fulfilled the conditions set-out in the Government Order, therefore, caste certificate was issued in her favour, even though, the earlier certificate, issued to her, was cancelled. 6. Be that as it may, since petitioner has raised the issue of fake caste certificate, therefore, this Court thinks that ends of justice would be met if 2025:UHC:10483 petitioner is permitted to approach District Magistrate by submitting a complaint supported by his affidavit. 7. Accordingly, the writ petition is disposed of with liberty to petitioner to approach District Magistrate, Udham Singh Nagar by submitting a complaint along with his affidavit. If he makes such complaint within two weeks from today, District Magistrate shall hear respondent no. 4 and if he finds that sufficient material was not available before the Competent Authority for issuing caste certificate in favour of respondent no. 4, then he shall refer the matter to District Level Caste Scrutiny Committee. The Caste Scrutiny Committee shall examine the matter and take decision, as per law, within six months thereafter, after hearing all the stakeholders. (Manoj Kumar Tiwari, J) 25.11.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a0 8b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DA CF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.25 04:01:23 -08'00' 2025:UHC:10483