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2025 DAILYLAW 55778 (ALL)

MITHLESH KUMAR (MINOR) v. STATE OF U.P. AND 3 OTHERS

WRIC/14919/2025 · 2025-05-12

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78413-DB Court No. - 40 Case :- WRIT - C No. - 14919 of 2025 Petitioner :- Mithlesh Kumar (Minor) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Mohan Misra Counsel for Respondent :- Anant Kumar Tiwari,C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard Sri Krishna Mohan Misra, learned counsel appearing on behalf of the petitioner; Sri Anant Kumar Tiwari, learned counsel appearing on behalf of respondent no.2 and learned Standing Counsel appearing on behalf of the State. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioners have made the following prayers:- "I. Issue a writ in the nature of certiorari to quash the order dated 22.04.2025 passed by Tehsildar, Bansdih, Ballia rejecting the application of the petitioner to issue caste certificate of ST category in one line (insufficient evidence). II. To issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to provisionally admit the petitioner in Class-VI pending consideration of his caste status claim and keeping in view that the blood relatives particularly real brother of the petitioner have been issued the caste certificate of ST category by the competent authority referrable to amended presidential order, U.P., 1967. III. Issue any other writ, order or direction which this Hon'ble court may deem fit and proper in the facts and circumstances of the case. IV. Award the cost of the petition to the petitioner." 3. Upon perusal of the order rejecting the application, the only reason provided is "insufficient documents". 4. Learned counsel appearing on behalf of the petitioner contends that the mother and the brother of the petitioner are having the Scheduled Tribe Certificate. He further submits that the Tehsildar has illegally passed the impugned order without providing any reasons whatsoever. 5. In light of the above, it is clear that the rejection order is without any basis in law. Accordingly, the impugned rejection order dated April 22, 2025 is quashed and set aside with a direction upon the Tehsildar to reconsider the same in accordance with law. The petitioner may once again provide the documents that may be sought by the Tehsildar. 6. In the meantime, we are of the view that the petitioner should be allowed and given admission in the School of respondent no.2. 7. We make it clear that in the event caste claim of the petitioner is found to be false, School may take necessary steps in accordance with law. 8. With the above directions, the writ petition is disposed of. Order Date :- 13.5.2025 Dev (Dr. Y. K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad