- (1.) Heard Shri Pramod Kumar Sinha, learned counsel for the petitioners and learned Standing Counsel for the State respondents.
(2.) By means of this writ petition, petitioner nos. 2, 3 and 4 have challenged the legality and validity of the impugned orders dated 10.06.2010 passed by Tehsildar, Tehsil Rampur Maniharan, District Sahanranpur (Annexured 11 & 14 to the writ petition) rejecting their objections to the caste certificate issued to them of Other Backward Caste category and refusing to issue them caste certificate of Scheduled Caste. The claim of the three petitioners is that they are members of the 'Dhangar' caste, which has been notified as a Scheduled caste, thus, they are entitled to issuance of the certificate certifying that they are members of the Scheduled Caste. Petitioner no. 1 has approached this Court claiming to be a social worker belonging to the 'Dhangar' caste and working for welfare of the society. There is no personal relief claimed by him. He only alleges that he made a representation for issuing Scheduled Caste certificate to the members of the 'Dhangar' Community, which has been of no avail. Case set up by petitioner nos. 2 and 3 is that their fathers were issued a certificate of Scheduled Caste, however, when they made an application for the purpose, they were issued certificate of Other Backward Caste on 04.03.2010. Both of them filed objection dated 19.04.2010 before Tehsildar raising a grievance that Other Backward Caste certificate has wrongly been issued to them on 04.03.2010 and the same may be cancelled and they may be issued a fresh certificate of Scheduled Caste. Their claim was rejected by the Tehsildar vide order dated 10.06.2010 (Annexure 11 to the writ petition).
(3.) In the same manner, petitioner no. 4 also applied for a Scheduled Caste certificate, but was issued a certificate of Other Backward Caste on 04.03.2010. He also made an application for cancellation of the said certificate and prayed that a certificate of Scheduled Caste may be issued to him. His claim was rejected by the Tehsildar vide order dated 10.06.2010 (Annexure 14 to the writ petition). It is submitted by the learned counsel for the petitioners that caste of 'Dhangar' is notified at Item No. 27 of the Schedule of the Presidential Order (Schedule Caste) Order, 1950 and, thus, they are entitled to be issued a certificate certifying that they are members of the Scheduled Caste. It is further submitted that the impugned order is based upon the statement of the Lekhpal that petitioner nos. 2 and 3 belonged to Gaderiya caste and since in the newly carved out Tehsil Rampur Maniharan, till date, no certificate of Scheduled Caste has been issued to 'Dhangar' caste, which goes to show that members of the said caste are not residents of the said area. On the same grounds, the claim of petitioner no. 4 was also rejected by the Tehsildar.;