Aryan Chand vs State Of Uttarakhand And Others

Manoj Kumar Tiwari, J

According to the petitioner, he belongs to Gorkha Community, which has been notified as Other Backward Class in State of Uttarakhand.

Grievance of the petitioner is that he applied for grant of O.B.C. Certificate on 08.01.2021, followed by another application on 15.02.2021, to

Tehsildar, Pithoragarh, however, his prayer for grant of O.B.C. Certificate has not been considered so far.

By means of this writ petition, petitioner has sought following reliefs:

“A. Issue a writ order or direction in the nature of mandamus commanding and directing the respondent No. 3 to issue the other backward caste

certificate Central (GORKHA) to the petitioner forthwith treating him to be bonafide resident of State of Uttarakhand.

B. Declared the petitioner as genuine candidate to obtain Other Backward Caste Certificate Central (GORKHA).

C. To issue a writ order or direction in the nature of mandamus restraining the Respondent No. 3 from harassing genuine applicants for Caste/O.B.C.

Certificate.â€​

Having regard to the facts of the case, the writ petition is disposed of with a direction to Tehsildar, Pithoragarh to consider petitioner’s

application and take decision thereupon, in accordance with law, within a period of three weeks’ from the date of production of certified copy of

this order alongwith copy of application.

It goes without saying that Tehsildar shall make proper enquiry as to whether ‘Chand’ Community, to which petitioner belongs, is entitled to

Other Backward Caste Certificate or not.

Let a certified copy of this order be issued today itself.