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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 29747 of 2025
Court No. - 39 HON'BLE ARINDAM SINHA, J.
HON'BLE AVNISH SAXENA, J.
1. The writ petition has been called on first, pursuant to direction in earlier order dated 9th September, 2025. Paragraphs-1 to 3 in said order are reproduced below. "1. Mr. Durvesh Kumar, learned advocate appears on behalf of petitioner and submits, his client belongs to Kharwar community, a scheduled caste. He had applied for caste certificate. It was issued erroneously putting his client in category 'other backward class' (OBC) (Kahar). He seeks direction upon respondent no. 4 to consider his client's application dated 20th August, 2025 and issue correct caste certificate with consequential direction of quashing the erroneous one. On query he submits, U.P. Police Recruitment and Promotion Board is recruiting authority. Last date for submission of form is 11th September,
2025. On further query he submits, he applied for caste certificate by application dated 29th July, 2025. The erroneous caste certificate is dated 8th August,
2025. The application has not been disclosed. He seeks interference. 2. Mr. Sharad Chandra Upadhyay, learned advocate Standing Counsel appears on behalf of State. He is directed to obtain instruction for production of petitioner's application dated 29th July, 2025. 3. U.P. Police Recruitment and Promotion Board, the recruiting authority, is added as respondent no. 5. Petitioner has liberty to cause the amendment in Court, to be countersigned by Court Master. Mr. Upadhyay to obtain instruction."
2. Mr. S.C. Upadhyay, learned advocate, Standing Counsel appears on behalf of State, including added respondent no. 5 and hands up his instructions enclosing documents. Enclosed are petitioner's first application dated 5th August, 2025 for caste certificate and rejection letter dated 24th August, 2025, in respect of his second application for caste certificate. Petitioner was issued Versus
Counsel for Petitioner(s) : Durvesh Kumar Counsel for Respondent(s) : C.S.C. Rajan Khairwar .....Petitioner(s)
State Of Up And 3 Others .....Respondent(s)
with caste certificate putting him in category 'Other Backward Classes' (OBC) against his first application. He thereafter applied for caste certificate claiming to belong to Scheduled Caste (S.C.) Kharwar community. The subsequent application was not accepted/acted upon on reason given "Enclosed caste certificate and other verified documents related category." On query we have ascertained, the reasons relates to caste certificate already issued. 3.
From above facts and circumstances, we presume, prima facie, the OBC caste certificate was issued pursuant to first application and the second application rejected as the caste certificate stood already issued. Thus there is indication of non application of mind at both stages. 4. Added respondent no. 5 is directed to allow petitioner to manually apply, leaving entry in respect of his caste blank. Respondent no. 4 is directed to verify petitioner's claim of belonging to Kharwar community and either issue fresh caste certificate on cancelling the earlier one or reject petitioner's second application, with reasons given. For the purpose, rejection letter dated 24th August, 2025 is set aside. This must be done within two weeks from date. In case fresh caste certificate certifying petitioner belongs to scheduled caste is issued, petitioner will forthwith produce it before added respondent no. 5 to accordingly endorse his application for further processing. Otherwise, other contingency is reiteration that petitioner belongs to category OBC. Corresponding entry be then made in his application, to process it. 4. The writ petition is disposed of. (Arindam Sinha,J.) (Avnish Saxena,J.) September 11, 2025 Shiraz WRIC No. 29747 of 2025 2
Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad