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2025 DAILYLAW 41675 (ALL)

SATVIK NAYAK v. STATE OF U.P. AND 2 OTHERS

WRIC/26220/2023 · 2025-03-03

Shekhar B Saraf, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30761-DB Court No. - 40 Case :- WRIT - C No. - 26220 of 2023 Petitioner :- Satvik Nayak Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Mohan Misra Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J. 1. Heard learned counsel appearing on behalf of parties. 2. This writ petition has been filed, inter alia, for the following relief : "i. to issue a writ order or direction in the nature of certiorari quashing the impugned communication dated 12.05.2023 rejecting the online application submitted by the petitioner for the issuance of the caste certificate of S.T. category stating the ground as 'WRONG CASTE'. ii. to issue a writ order or direction in the nature of mandamus commanding the respondents/ Competent Authority to consider the claim of the petitioner for issuance of the caste certificate of S.T. category keeping in view that Nayak caste/community of District Azamgarh stands covered under the Presidential Amendment Order, U.P. 1967, and the State Government having regard to the same have issued specific Government Orders to examine the documentary evidence like Khatauni etc. and to promptly grant the certificate to the candidates belonging to Nayak caste." 3. Learned counsel appearing on behalf of petitioner relied on judgement passed by Co-ordinate Bench of this Court in the case of Gaurav Pal Vs. State of U.P. in Writ-C No.- 163 of 2025. To buttress the argument that the ground given "wrong caste", cannot be a substantial reason for rejecting his application. 4. Counsel appearing on behalf of respondent submits that alternative remedy lies against the order passed and the matter may be referred to the appellate authority. 5. However, we are of the view that the present order has not taken into account several factors and documents that have been produced by the petitioner, and accordingly, the impugned order is quashed and set aside with the direction upon the Tehsildar being respondent No.3 to grant an opportunity of hearing to the petitioner and thereafter consider the matter afresh. A reasoned order should be passed by Tehsildar within a period of eight weeks from date. 6. With the above direction, writ petition is disposed of. Order Date :- 4.3.2025 Virendra (Vipin Chandra Dixit, J.) (Shekhar B. Saraf, J.) Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad