Allowed

Dhananjay Singh v. G.B. Pant University of Agriculture and Technology

Uttarakhand HC8 Jul 2022WPMS/2055/2016

Case brief

AI extract

What is this about?

The High Court of Uttarakhand disposed of a writ petition seeking admission to a B.Tech course and a Scheduled Caste certificate. Finding the admission prayer infructuous, but noting no caste dispute, the Court directed the petitioner to file a fresh application for a permanent caste certificate with the Tehsildar.

What did the court decide?

Writ petition allowed; petitioner directed to apply for fresh caste certificate with Tehsildar; no order as to costs.

Dhananjay Singh Vs G.B. Pant University… — Pension and Retirement Benefits | Uttarakhand HC (2022)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Writ Petition No. 2055 of 2016 (M/S)

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Dhananjay Singh ….. Petitioner

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Versus

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G.B. Pant University of Agriculture & Technology and Ors.

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…..Respondents

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Present:

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Mr. K.P. Upadhyay, the learned Senior Advocate for the

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petitioner.

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Mr. Devang Dobhal, the learned counsel holding brief of Mr. Lokendra Dobhal, the learned counsel for respondent no. 1 nad 2.

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Mr. Yogesh Pandey, the learned Addl. C.S.C. for the State.

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Date of hearing and judgement : 08.07.2022

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Sri S.K. Mishra, J.

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In this case, the petitioner has prayed for the

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following reliefs:-

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i. Issue a writ order or direction in the nature of mandamus directing the respondents no. 1 & 2 to forthwith admit the petitioner to the B.Tech course in Information Technology subject for the academic session 2016-17 in the allotted college (respondent no.2)

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ii. Issue a writ, order or direction in the nature of mandamus commanding the competent authority of the State of Uttarakhand (respondent no. 5) to issue the Scheduled Caste (Jatava) certificate in favour of the petitioner in terms of the law made by the State of Uttarakhand.

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It is brought to our notice that in pursuance of the order passed by this Court on 26.07.2016, a provisional certificate has been granted in favour of the petitioner. However, it is brought to the notice of this Court by the learned Additional Chief Standing Counsel that the petitioner made an application before the Sub Divisional Magistrate, which is the appellate authority against the order passed by the Tehsildar for issuance or refusal of the caste certificate.

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Be that as it may, it is however apparent from the record that the petitioner was granted a certificate describing him to be belonging a Jatava caste, and, therefore, member of a Scheduled Caste category. In pursuance of the order passed by this Court, he has surrendered the caste certificate before the authority in District Bulandshahar, State of Uttar Pradesh and has applied for the provisional certificate. He has been granted with a provisional certificate. He has continued studies and must have passed B.Tech degree course from Engineering College. Though, the learned counsel for the petitioner does not have any information of the petitioner, however, from the submissions made by the learned counsel for the respondent as well as counter affidavit/document filed, it is borne out that the father of the petitioner was a resident of Nainital and he was ‘Jatava’ by caste and admittedly belong to the scheduled caste category, so there is no dispute regarding caste of the petitioner at present.

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Hence, this Court finds no impediment in issuing a writ as the petitioner has prayed for. Prayer no. 1 has become infructuous because in the meantime four years run and the petitioner must have passed B.Tech Degree course. As far as prayer no. 2 is concerned, the petitioner is directed to file an appropriate application before the Tehsildar, Nainital within a reasonable period after surrendering provisional certificate issued to him and pray for issuance of fresh final certificate in his favour. The Tehsildar, Nainital shall, thereafter issue a fresh caste certificate in favour of the petitioner describing him to be

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belonging Jatava Caste, and a member of Scheduled Caste category.

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In that view of the matter, the writ petition is allowed. There shall be no order as to costs.

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(Sanjaya Kumar Mishra, J.)

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Dhananjay Singh v. G.B. Pant University of Agriculture and Technology

Case brief

What is this about?

What did the court decide?

Dhananjay Singh v. G.B. Pant University of Agriculture and Technology

Case brief

What is this about?

What did the court decide?

What the court decided

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