IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 275 of 2008 (M/S) Ranjeet Singh, S/O Sri Bhupendra Singh, R/O Bhagwantpur, Tehsil Kashipur, District Udham Singh Nagar. …… Petitioner. Versus State of Uttarakhand through Chief Secretary, Uttarakhand, Dehradun and three others. … Respondents. Sri B.S.Parihar and Sri Mohd. Azim, learned counsel for the petitioner. Sri K.C.Tiwari, learned Brief Holder for the State-respondents. Date June 18, 2008. Hon’ble B.S.Verma, J. Sri B.S.Parihar and Mohd. Azim, learned counsel for the petitioner and Sri K.C.Tiwari, learned Brief Holder for the State-respondents. This writ petition has been filed for issue a writ, order or direction in the nature of mandamus directing the respondent No.4,i.e. Tehsildar, Kashipur, District Udham Singh Nagar to issue an O.B.C. Caste Certificate to the petitioner forthwith. According to the petitioner, he is a permanent resident of Bhagwantpur, Tehsil Kashipur, District Udham Singh Nagar and belongs to the “Jatt Community” which comes under Other Backward Class in view of the Notification No. 334/64-1-2000- 46/95 issued by the U.P. Government on 20.03.2000. On 4-12- 2007 the petitioner applied for Caste Certificate to the Tehsildar, Kashipur ( Udham Singh Nagar) for obtaining reservation in education, who, in turn, directed the Naib Tehsildar Kashipur to enquire into the matter. On 7-1-2008 Naib Tehsildar Kashipur submitted his report stating therein that there is no Government Order regarding issuance of Caste Certificate of “Jaat Sikh”. 2 According to the petitioner, Notification No. 2396/Samaj Kalyan/02-558 (Samaj Kalyan) 2002 dated 31.12.2002 has been issued by the State Government and it has been mentioned therein that the Caste Certificate be issued irrespective of Hindu, Muslim or Sikh. A copy of the said Notification has been annexed as Annexure No.3 to the writ petition. Learned counsel for the petitioner has submitted that the claim of the petitioner is based on the entry no. 78 specified in Schedule I of the U.P. Public Services (Reservation for Scheduled Caste, Scheduled Tribe and Other Backward Classes) Act, 1994 (for short the Act). Section 2(b) of the Act provides Other Backward Classes of citizens mean the backward classes of citizen specified in Schedule I. Schedule I of the Act as it originally stood contained names of o55 castes, which were recognized as Backward Classes. Later-on, by Notification issued from time to time some more castes were included therein and finally by Notification dated 10-3- 2000 “Jat” has been included as item no. 78. In the case at hand, it is not disputed that the petitioner is a Jatt Sikh and Jatt is included in Schedule I of Other Backward Classes as mentioned above. In the course of argument, learned counsel for the petitioner has submitted that the controversy involved in the present writ petition has been resolved by the Division Bench Court in Writ Petition No. 917 (M/B) of 2003, Dharam Singh Vs. State of Uttarakhand and others and the facts of the present writ petition are identical to the facts of the said writ petition. The Division Bench vide order dated 14-2-2006 directed the respondents to issue the Caste Certificate to the petitioner. Learned counsel for the petitioner urged that this writ petition may be allowed in terms of the order dated 14-2-2006. 3 I have perused the judgment dated 14-2-2006 passed by the Division Bench of this Court in Writ Petition No. 917 (M/B) of 2003, Dharam Singh Vs. State of Uttarakhand and others and I find that the facts of the present writ petition are similar to the facts of the aforesaid writ petition and the controversy involved in the present writ petition stands resolved by the order dated 14-2-2006. Learned counsel for the State has fairly conceded to this fact. For the reasons and discussion above, the writ petition deserves to be allowed. The writ petition is allowed in terms of the Division Bench Judgment of this Court in Writ Petition No. 917 (M/B) of 2003, Dharam Singh Vs. State of Uttarakhand and others, dated 14- 2-2006. The respondents are directed to reconsider the matter for issue of necessary caste certificate to the petitioner. All pending applications stand disposed of. ( B.S.Verma, J. ) RCP 4 5