IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 119 of 2011 Km. Pooja Chaudhary D/o Ajay Kumar R/o Village Shyampur Noabad, Tehsil Hardwar, District Hardwar. .……… Appellant Versus 1. State of Uttarakhand through District Magistrate, Hardwar, District Hardwar. 2. Tehsildar, Hardwar, District Hardwar. ……….. Respondents Present: Mr. Parikshit Saini, Advocate for the appellant. Mr. J.P. Joshi, Chief Standing Counsel for the State/ respondents Coram : Hon’ble Barin Ghosh, Chief Justice Hon’ble Servesh Kumar Gupta, Judge Date of Decision: 24th June, 2011 Barin Ghosh, C.J. (Oral) Admit. Heard learned counsel for the parties. The judgment and order under appeal has been passed on the premise that the petitioner actually belongs to Jat Sikh. This is, however, not borne out from the pleadings filed in the writ petition. At the same time, there is no clear assertion in the writ petition that the petitioner belongs to Jaat community. Because the learned Judge proceeded on the basis that the petitioner belongs to Jat Sikh and the question, whether Jat Sikh community is an OBC, is pending decision before Division Bench of this Court, by the judgment and order under appeal, the learned Single Judge directed the writ petition to be listed after the said controversy is decided by the Division Bench. In the appeal, it is being contended that the father of the petitioner has been issued a caste certificate showing that he belongs to Jaat community. 2 That being the situation, we allow the appeal, set aside the judgment and order under appeal and remit back the matter to the learned Single Judge for consideration of the matter on merit. It shall be open to the petitioner to file a supplementary affidavit stating that she belongs to Jaat community, and that, her father has been recognized as a person belonging to the said community. (Servesh Kumar Gupta, J.) ( Barin Ghosh, C.J.) 24.06.2011 24.06.2011 P. Singh