MISS ANSHU PRASAD Vs. STATE OF UTTARAKHAND AND ORS.
EmailAppeal: WPMS No. 1458 of 2012
Petitioner: MISS ANSHU PRASAD
Respondent: STATE OF UTTARAKHAND AND ORS.
Apeal: WPMS No. 1458 of 2012
Judges: Tarun Agarwala, JJ.
Date of Judgment: Aug 07, 2012
Appearances:
APPEARANCES:
Mr. Arvind Vashistha, Advocate assisted by Mrs. Monika Pant, Advocate for the petitioner.
Mr. R.C. Arya, Standing Counsel for the State.
Mr. Arvind Vashistha, Advocate assisted by Mrs. Monika Pant, Advocate for the petitioner.
Mr. R.C. Arya, Standing Counsel for the State.
JUDGEMENT:
JUDGEMENT:
Inspite of time being granted, no counter affidavit has been filed. The learned Standing Counsel appearing for the State states that counter affidavit is under preparation. Three weeks further time is allowed to the Standing Counsel to file the counter affidavit. The petitioners father belongs to the Scheduled Caste category. The petitioners father was given an appointment initially in hill sub cadre in the erstwhile State of U.P. and upon the creation of Uttarakhand was
finally allocated the State of Uttarakhand.
Consequently, the petitioners father became the permanent resident as well as the original resident of Uttarakhand. The State Govt. has also issued a Government
Order dated 27th May, 2004 indicating therein that those Scheduled Caste persons who are residing in the geographical area of Uttarakhand prior to the creation of the
Uttarakhand would be treated as original resident. The petitioner contends that she was born in Devprayag which is in Uttarakhand.
In the light of the aforesaid, coupled with the Government Order dated 27th May, 2004, a prima-facie case is made out for grant of a Caste Certificate. Consequently,
the competent authority is directed to issue a provisional caste certificate to the petitioner within three days from the date of the production of a certified copy of the order. Such issuance of the provisional caste certificate would be subject to the result of the writ petition.
Certified copy of the order would be issued today on payment of usual charges.
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Inspite of time being granted, no counter affidavit has been filed. The learned Standing Counsel appearing for the State states that counter affidavit is under preparation. Three weeks further time is allowed to the Standing Counsel to file the counter affidavit. The petitioners father belongs to the Scheduled Caste category. The petitioners father was given an appointment initially in hill sub cadre in the erstwhile State of U.P. and upon the creation of Uttarakhand was
finally allocated the State of Uttarakhand.
Consequently, the petitioners father became the permanent resident as well as the original resident of Uttarakhand. The State Govt. has also issued a Government
Order dated 27th May, 2004 indicating therein that those Scheduled Caste persons who are residing in the geographical area of Uttarakhand prior to the creation of the
Uttarakhand would be treated as original resident. The petitioner contends that she was born in Devprayag which is in Uttarakhand.
In the light of the aforesaid, coupled with the Government Order dated 27th May, 2004, a prima-facie case is made out for grant of a Caste Certificate. Consequently,
the competent authority is directed to issue a provisional caste certificate to the petitioner within three days from the date of the production of a certified copy of the order. Such issuance of the provisional caste certificate would be subject to the result of the writ petition.
Certified copy of the order would be issued today on payment of usual charges.
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