Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 86591 (ALL)

AVINASH KUMAR SINGH v. STATE OF U.P. AND 3 OTHERS

WRIC/27602/2025 · 2025-09-14

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 27602 of 2025 Court No. - 39 HON'BLE ARINDAM SINHA, J. HON'BLE AVNISH SAXENA, J. 1. Mr. H.R. Mishra, learned senior advocate appears on behalf of petitioner and submits, his client applied for issuance of caste certificate. He belongs to Scheduled Caste 'Dhangar'. On the caste certificate not issued his client had earlier moved this Court by Writ C no. 17983 of 2025, disposed of on order dated 29th May, 2025, by co-ordinate Bench on the direction, reproduced below. "4. Accordingly, the respondent No.1 is directed to take a decision in the matter, based on the inquiry report submitted by the respondent No.2, in accordance with law within a period of twelve weeks from date." 2. Mr. Mishra submits further, there already stood made report by vigilance, in favour of his client. The Principal Secretary, in purported compliance of said order dated 29th May, 2025 (supra) referred the matter to respondent no.4 (the District Magistrate/ District Level Committee). He draws attention to judgment dated 2nd September, 1994 of the Supreme Court in Kumari Madhuri Patil Vs. Additional Commissioner [(1994) 6 SCC 241], paragraph 13(7). Said paragraph is reproduced below. "13(7). In case the report is in favour of the candidate and found to be genuine and true, no further action need be taken except where the report or the particulars given are procured or found to be false or fraudulently obtained and in the latter event the same procedure as is envisaged in para 6 be followed." He seeks interference. Versus Counsel for Petitioner(s) : Krishna Mohan Misra Counsel for Respondent(s) : C.S.C. Avinash Kumar Singh .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 3. Mr. Sharad Chandra Upadhyay, learned advocate, Standing Counsel appears on behalf of State. He submits, delegation was necessary because petitioner seeks issuance of caste certificate, to be dealt with at first instance by the District Level Committee. No interference is warranted. 4. Petitioner's contention is, the vigilance report is in his favour. As such, under paragraph 13(7) in Kumari Madhuri Patil (supra) nothing further need be done. For the purpose respondent no.4 will consider the vigilance report to ascertain if it is in fact in favour of petitioner. If it be so petitioner is entitled to issuance of the certificate. 5. Respondent no.4 (the District Magistrate/Committee) has three weeks from communication of this order to inform petitioner result on his application for issuance of caste certificate. Certified copy of this order be communicated to said respondent by petitioner forthwith. 6. The writ petition is disposed of. September 15, 2025 Mohini WRIC No. 27602 of 2025 2 (Arindam Sinha,J.) (Avnish Saxena,J.) Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad