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2026 DAILYLAW 10102 (UTT)

VISHAL CHAND v. STATE OF UTTARAKHAND

WPMS/1991/2023 · 2026-08-18

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010111322023 2026:UHC:7420 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1991/2023 Vishal Chand --Petitioner Versus State of Uttarakhand & others --Respondents Hon'ble Manoj Kumar Tiwari, J. There is no representation for the petitioner. 2. Mr. Suyash Pant, Standing Counsel for the State/respondent nos. 1 to 3. 3. Mr. Rajesh Sharma, Standing Counsel for the Union of India/respondent no. 4. 4. Petitioner applied for caste certificate by contending that he belongs to Gorkha community, which is recognized as Other Backward Class in State of Uttarakhand. Petitioner’s application was rejected by Tehsildar concerned on the ground that Gorkhas, excluding those belonging to Brahmin and Kshtriya community, alone are entitled for OBC certificate. Thus, feeling aggrieved, petitioner has approached this Court. 5. Learned State Counsel has produced in Court proceedings of National Commission of Backward Classes, according to which, Chand UKHC010111322023 2026:UHC:7420 community belongs to Gorkha Thakur community. The said proceedings are taken on record. Based on those proceedings, it is contended that since petitioner belongs to Kshtriya community, therefore, he is not entitled to the certificate as Other Backward Classes. Learned State Counsel has also referred to the notification dated 16.06.2011, issued by Ministry of Social Justice and Empowerment, Government of India, which is published in the Gazette of India. 6. Perusal of the said notification also reveals that only such members of Gorkha community are entitled for OBC status, who did not belong to Brahmin and Kshtriya community. Annexure-2 to the writ petition is caste certificate issued by Gorkha Federation, in which, petitioner’s caste is shown as Chand. 7. Thus, this Court finds substance in the submission made by learned State Counsel that petitioner belongs to Kshtriya Community, therefore, he is not entitled to OBC certificate. Thus, there is no scope for interference with the rejection order. The writ petition fails and is dismissed. (Manoj Kumar Tiwari, J.) 18.08.2026 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6ED9A86DAAB21CE 5, cn=NAVEEN CHANDRA Date: 2026.08.19 09:56:59 +05'30'