ANJALI PRASAD Vs. STATE OF UTTARAKHAND AND OTHERS
HIGH COURT OF UTTARAKHAND
State of Uttarakhand and others
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Barin Ghosh. -
(1.) After having been appointed in a post reserved for Scheduled Caste candidates, steps were taken for verification, whether the petitioner is, in fact, a member of the Scheduled Caste community. The matter was referred to the Tehsildar of Hardwar. He reported that the petitioner stands registered in the office of the Tehsildar at Hardwar against serial No. 654, dated 12th May, 1995 as a member of the Scheduled Caste community. Thereafter, it was added that this registration is not covered by the Government Order dated 22nd June, 2006. In view of the said stand taken, the Director has refused to recognize the petitioner as a member of the Scheduled Caste community and, accordingly, has not granted sanction for payment of salary to her. This action of the Director, reflected in the impugned order dated 30th April, 2010, is the subject matter of challenge in the instant writ petition. The Government Order dated 22nd June, 2006 holds out that members of the Scheduled Caste community of a different State are not entitled to the benefits available to members of Scheduled Caste community of the State. The fact remains that the petitioner is recognized since 12th May, 1995 as a member of the Scheduled Caste community residing in an area, which became part of this State after its creation and, accordingly, question of the petitioner being treated as a member of the Scheduled Caste community of a different State does not arise.
(2.) We, accordingly, allow the writ petition, quash the order dated 30th April, 2010 and direct the Director, Higher Education, Haldwani, Nainital to proceed on the basis that the petitioner is a member of the Scheduled Caste community of this State. In view of the direction as above, all directions, including the direction contained in the letter dated 6th May, 2010, shall have no effect.;
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