DR. KM. SANGITA AND OTHERS Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2012-12-109
HIGH COURT OF UTTARAKHAND
Decided on December 13,2012

Dr. Km. Sangita And Others Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

Sudhanshu Dhulia, J. - (1.) MR . M.S. Bisht, learned counsel for the petitioners and Mr. Paresh Tripathi, Additional Chief Standing Counsel present for the State of Uttarakhand. Learned counsel for the State prays for and is granted three weeks' time to file counter affidavit. Rejoinder affidavit to be filed within three weeks thereafter.
(2.) THE petitioners claim to be the members of "Scheduled Castes" (from hereinafter referred to as S.C.), which is "Chamaar". It is not disputed by the State Authorities that the caste "Chamaar" is notified as S.C. in the State of Uttar Pradesh as well as in the State of Uttarakhand. The petitioners now seek caste certificate of the caste which they belong and on which there is absolutely no dispute. The only ground on which such a certificate (S.C.'s certificate) pertaining to S.C. caste is being refused to the petitioners by the respondents is that the petitioners have not been able to show that they are the permanent resident or more particularly "Mool Niwasi" of the State of Uttarakhand. The contention of the petitioners is that they were born and brought up in Haridwar, Uttarakhand. In view of the decisions of this Court in Neha Saini Vs. State of Uttarakhand & another : AIR 2010 UK 36, Smt. Dr. Madhu Arya Vs. State of Uttarakhand & others : 2011 (1) U.D. 292 as well as in Ajay Kumar Vs. State of Uttarakhand & another (Writ Petition 124 of 2011 (M/S), such a caste certificate cannot be declined.
(3.) THEREFORE , as an interim measure, the District Magistrate concerned is hereby directed to issue a caste certificate to the petitioners within a period of three weeks from the production of a certified copy of this order. It is made clear that before giving such certificate, the District Magistrate or the subordinate officer to whom the District Magistrate so directs shall take an affidavit from the petitioners to the effect that the petitioners are permanent resident of Uttarakhand and belong to such caste stating the particulars of the caste, and also that they have not applied for caste certificate from any other State. The validity of this provisional caste certificate will depend upon the final outcome of the present writ petition.;


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