Vipin Sharma vs State of Uttarakhand and others

Heard learned counsel for the parties and perused the record.

Petitioner is a resident of Ward No. 6, Rampura, Police Station Rudrapur, District Udham Singh Nagar. Petitioner applied online for caste

certificate on 01.06.2017. However, his application has been rejected by Tehsildar Rudrapur, District Udham Singh Nagar by a non speaking

order on the same day itself.

It is the contention of the petitioner that he belongs to ''Badhai'' community, which is recognized as Other Backward Class (in short ''OBC'') in

Uttarakhand State. It is further the contention of the petitioner that he is residing in Ward No. 5, Rampura, Rudrapur, District Udham Singh Nagar

since 1995 and has been issued Permanent Resident Certificate by Sub-Divisional Magistrate, Kichha, thus according to him, he is entitled to

OBC caste certificate in terms of Government Order dated 02.04.2013. It is further the contention of the petitioner that Tehsildar Rudrapur has

overlooked the said Government Order, while considering petitioner''s application for OBC certificate. The only reason assigned in the impugned

order for rejecting petitioner''s application is that he could not produce any evidence that he is residing in Uttarakhand since 1985.

Since the Government Policy has now been changed by Government Order dated 02.04.2013, therefore, it was incumbent upon concerned

Tehsildar to take decision on petitioner''s application in view of changed Government Policy.

In such view of the matter, impugned order dated 01.06.2017 passed by Tehsildar is hereby set aside with a direction to concerned Tehsildar to

reconsider petitioner''s application in terms of the Government Order dated 02.04.2013, within four weeks from the date of production of certified

copy of this order.

With the aforesaid direction, writ petition stands disposed of.