COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) 781/2008 Km. Rubi Chaudhary …….Petitioner Versus State of Uttarakhand, Through Secretary, Social Welfare Department, Dehradun & Others. …….Respondents Sri M.S. Tyagi, learned Counsel for the petitioner. Sri H.M. Raturi, learned Standing Counsel for the respondents. 4th August, 2008 Hon’ble P.C. Verma, J. By means of this writ petition, petitioner has prayed for a writ of certiorari to quash the orders dated 17.8.2004 and 17.7.2004 contained in Annexure No. 4 and 5 to the writ petition respectively. Order dated 17.8.2004 is nothing but information by the Government to the District Magistrate to act in accordance with the Government Order dated 20.7.2004 issued by the State of Uttar Pradesh. Annexure 5 is the letter dated 17.7.2004 issued by the Collector referring to the enclosure attached with the Government Order dated 27.2.2001 and informing the Tehsildar that the Gurjar caste does not find place among the denotified tribes and, therefore, members of the Gurjar caste shall not be issued the certificate to this effect. 2. The State of Uttarakhand has adopted the Government Order dated 20.7.2004 issued by the 2 Government of Uttar Pradesh. The Government Order dated 20.7.2004 very specifically says that in the Government Order dated 10.7.1986, the Gujar caste is included in the other backward class and has been placed at serial number 15. In the Government Order dated 27.2.2001 containing the list of the denotified castes, the name of the Gujar caste does not find place. Thus, since the prior to the appointed date, in the existing State of U.P. Gujar caste was not a denotified tribe and the State of U.P. was not issuing the denotified certificate to members of Gurjar caste, therefore, it cannot be issued in the State of Uttarakhand for the same caste. 3. For the reasons recorded above, writ petition is devoid of merit and is dismissed accordingly. No order as to costs. (P.C. Verma, J.) 4.8.2008 Prabodh