The High Court dismissed the petitioner's writ petition for issuance of an English version of his caste certificate. The court stated that the petitioner failed to disclose a prior writ petition resulting in cancellation by the District Level Caste Scrutiny Committee.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:111947-DB
Court No. - 3
Case :- WRIT - C No. - 16325 of 2023
Petitioner :- Dharmesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shri Krishna Mishra,Ajay Mishra Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Anish Kumar Gupta,J.
"1. Heard Sri Shri Krishna Mishra, learned counsel for the petitioner and learned Standing Counsel.
2. The facts of the case are that the scheduled caste certificate of caste 'Kori' was issued to the petitioner by the competent authority on 1.3.2016 bearing certificate No. 733164002099. The petitioner has applied for Class-IV post and a e-call letter has been issued to him by the Railway Recruitment Cell, Central Railway, Mumbai and he has been required to submit caste certificate 'English Version' before the Railway Recruitment Board upto 30.5.2023.
3. Grievance of the petitioner is that despite application submitted on 16.4.2023 praying to issue English version of the caste certificate, the English version of the caste certificate is not being issued to him by the respondents, which is likely to cause loss of job to the petitioner. He further submits that other family members of the petitioner are possessing the scheduled caste certificate, including English version, issued by the respondents to them.
4. Considering the facts and circumstances of the case, we direct the respondent nos. 2 and 3 to show cause as to why despite application submitted by the petitioner praying to issue caste certificate (English version), being application No. 232040030013076, caste certificate (English version) is not being issued to him ?
5. Put up as a fresh case before the appropriate Bench on 22.5.2023. "
Writ-C No.1344 of 2023, which was disposed of by order dated 28.02.2023, as under:
"Learned standing counsel has received instructions and submits that an appropriate decision shall be taken on the application of the petitioner with regard to his social status certificate by the competent authority expeditiously preferably within four weeks.
In view thereof, writ petition is, accordingly, disposed of directing the concerned authority to pass appropriate order on the application of the petitioner in accordance with law.
It is clarified that the Court has not considered the claim of the petitioner on merits."
Order Date :- 22.5.2023 Ankit.
Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should exercise its discretionary jurisdiction to entertain a second writ petition for issuance of a caste certificate when the petitioner failed to disclose a prior cancellatio
Dharmesh Kumar
State Of U.P.
Surya Prakash Kesarwani
Anish Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
