Extracted from the PDF above. The PDF is authoritative.
1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 10389 of 2026 Decided on: 30.06.2026 Bansi Ram and another …..Petitioners Versus State of H.P and others
..Respondents ------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. Amrick Singh, Advocate. For the Respondents: Ms. Seema Sharma, Deputy Advocate General. ------------------------------------------------------------------------- Jyotsna Rewal Dua, Judge This writ petition has been filed for grant of following substantive reliefs:-
“a. Issue a writ of Mandamus or any other appropriate writ, order, or direction, directing the respondents to recognize the community of the petitioner (i.e. Deti Community) as an OBC category in District Shimla in view of the notification dated 27.02.2015. b. Issue a writ of Mandamus directing the respondent Authorities, specifically the Settlement Officer/ Revenue Authorities, to correct the caste entry of the petitioners and their family in the revenue records of Village Dehra, Tehsil Kupvi, District Shimla from “Brahmin Bhardwaj” to “Deti”, based on the original revenue records of village Jarwa, District Sirmaur. c. Direct the competent authority to immediately issue the Other Backward Class (OBC) Certificate in favour of the petitioners and their family members.” 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2
2. Admittedly, for the cause of action as raised in the instant petition for the same grievance, petitioner No.2 who is son of petitioner No.1 had instituted Parmanand versus State of H.P and another2. The writ petition was disposed of as under:-
“The substantive prayer in this writ petition runs as under:-
“1. That your Lordships may graciously be pleased to issue a writ in the nature of Mandamus, directing the Respondents to recognize the community of the Petitioner i.e. Deti Community as OBC category in District Shimla as has been done in District Sirmour in view of the notification dated 27.02.2015.”
2. The petitioner seeks benefit of notification dated 27.02.2015 (Annexure P-4) wherein Deti Community has statedly been declared as falling in Other Backward Classes. Learned counsel for the petitioner submits that though the brother of the petitioner has been issued OBC certificate, however, the same has not been issued in petitioner’s favour. Be that as it may, the writ petition does not disclose that any representation to that effect was ever made by the petitioner or any decision on such representation was ever taken by the competent authority.
Therefore, without adverting to the merits and contentions, this petition is disposed of with liberty reserved to the petitioner to approach the competent authority in respect of his above grievance within two weeks from today. In case such a representation is made, the same shall be decided by the competent authority, in accordance with law, within six weeks thereafter. The pending miscellaneous application(s), if any also stand disposed of.”
3. Admittedly, the petitioners did not take recourse to filing representation within timeline mentioned in the aforesaid order. Representation 2CWP No.255/2018, decided on 16.12.2021. 3 (Annexure P-7) was filed in January, 2024. Petitioners’ grievances are that they have filed the aforesaid representation for correcting their caste entry as also, entries of castes of their family members in the revenue records of Village Dehra, Tehsil Kupvi, District Shimla, H.P. from “Brahmin Bhardwaj” to “Deti” based on revenue records of Village Jarwa, District Simour; However, till date, no concrete action upon the same has been taken. Representation has not been decided as yet. Learned counsel for the petitioners submitted that petitioners will be satisfied in case respondents No. 3-5/Competent Authorities are directed to consider and decide the aforesaid representation of the petitioners keeping in view the pleadings made in the writ petition, in accordance with law within a time bound schedule. Learned Deputy Advocate General has no objection to this prayer. 4. Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of with direction to respondents No.3- 5/Competent Authority to consider and decide the aforesaid representation of the petitioners dated January, 2024 (Annexure P-7) in accordance with law within a period of six weeks from today. While deciding the representation, pleadings of the writ petitioners be also
4 kept in view. The decision so arrived at shall also be communicated to the petitioners. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua June 30, 2026
Judge yogesh