HARSHIT KUMAR (MINOR) v. STATE OF U.P. AND 3 OTHERS
WRIC/22822/2025 · 2025-07-30
Saurabh Dwivedi Registrar J Cpc, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 75687 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 75687 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:127791-DB Court No. - 39 Case :- WRIT - C No. - 22822 of 2025 Petitioner :- Harshit Kumar (Minor) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Antriksh Verma Counsel for Respondent :- Anant Kumar Tiwari,C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard Mr. Antriksh Verma, learned counsel appearing on behalf of the petitioner; Sri Anant Kumar Tiwari, learned counsel appearing on behalf of respondent no.2 and Mr. Raj Mohan Upadhyay, learned Additional Chief 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, order or direction in the nature of certiorari quash the
order dated 24-6-2025 and 17-4-2025 passed by Tehsildar, Ballia rejecting the application of the petitioner to issue Caste Certificate of Schedule Caste Category in Online (insufficient evidence) ii. 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 namely real sister and father of the petitioner has been issued the Caste certificate of Schedule Caste Category by the competent authority referable to constitution (Schedule Caste) Presidential order U.P., 1950. "
3. Upon perusal of the order rejecting the application, the only reason provided is
"insufficient evidence".
4. Learned counsel appearing on behalf of the petitioner contends that the sister of the petitioner is having the Scheduled Caste Certificate. He further submits that the Tehsildar has illegally passed the impugned order without providing any proper reason whatsoever.
5. It is submitted that as a result of aforesaid rejection orders, the petitioner would stand deprived of his admission in the Navodaya Vidyalaya despite being selected for the same as a candidate under the Scheduled Caste category.
6. The impugned rejection orders having been passed without giving any proper reasons the same are unsustainable. Accordingly, the orders dated 17th April, 2025 and 24th June, 2025 are set aside with a direction upon the Tehsildar to reconsider the same in accordance with law and pass an order thereon within a period of three weeks from the date of certified copy of this order. The petitioner may provide the documents that may be sought by the Tehsildar.
7. In the meantime, the petitioner would not be denied admission to the institution where he claims to have applied, only on the ground of the caste certificate being not available with him.
8. We make it clear that in the event caste claim of the petitioner is found to be false, the institution may take necessary steps in accordance with law.
9. With the above directions, the writ petition is disposed of.
Order Date :- 31.7.2025 Mohini (Arindam Sinha, J.) (Dr. Y.K. Srivastava, J.) Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad