POOJA RAJPOOT Vs. DISTRICT MAGISTRATE, DEHRADUN
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
District Magistrate, Dehradun and Others
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(1.) Heard Mr. Arvind Vashisth, Advocate for the petitioner, Mr. Subhash Upadhyaya, Brief Holder for the State of Uttarakhand and Mr. N.S. Rawat, respondent no. 4 who is present in person.
(2.) The petitioner before this Court has challenged the order dated 27.9.2008 passed by the District Magistrate, Dehradun by which the caste certificate given to the petitioner has been cancelled.
(3.) The case of the petitioner is that she belongs to a caste called "Tanwar". This caste, according to the petitioner, falls in the category of Other Backward Class (from hereinafter referred to as OBC) and is notified as an OBC in the State of Uttarakhand. The petitioner has also annexed the Government Notification to this effect as Annexure No. 1 to the writ petition. In the said notification, there is a mention as "Tanwar Singhariya" as a caste at serial no. 69. However, there is a comma (,) between the words "Tanwar" and "Singhariya. The argument of the petitioner is that "Singhariya" is a sub-caste of "Tanwar" and in any case "Tanwar" is a caste notified as OBC in the State of Uttarakhand. The case of the petitioner is that she was a resident of Delhi, prior to her marriage in the year 1997 where she got married to a person in Uttarakhand, namely, Mr. Manoj Rajpoot, resident of village Jonk, Tehsil Yamkeshwar (Kotdwar), District Pauri Garhwal. The petitioner was elected as "Gram Pradhan" of Village Jonk, Tehsil Yamkeshwar, District Pauri Garhwal in the year 2008. The present respondent no. 4, according to her, has an enmity with her in-laws and therefore has been making false complaints with the authorities alleging that the petitioner is not an OBC and has wrongly obtained a certificate to this effect, etc.;
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