IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (PIL) No. 47 of 2011 Bhartiya Jan Seva Samiti … Petitioner Versus State of Uttarakhand and others … Respondents Mr. A.Rab, Senior Advocate assisted by Mr. Amish Tiwari, Advocate for the petitioner Mr. Vinay Kumar, Standing Counsel for the State/respondents Coram : Hon’ble Barin Ghosh, Chief Justice Hon’ble U.C. Dhyani, Judge JUDGMENT Barin Ghosh, C. J. (Oral) In the instant writ petition, petitioner has brought to the notice of this Court that for no just reason, the officers of the State obliged to issue caste certificate / permanent residence certificates in favour of applicants thereof are sitting over the applications made for that purpose and unjustly refusing to take a decision, one way or the other, in relation thereto and as a result people entitled to such certificates are suffering. It has been highlighted that because of inaction on the part of the officers of the State, people entitled to such certificates are missing their opportunities for non-availability thereof. 2. The learned counsel for the State has brought to our notice that the State Government has constituted two committees for the purpose of advising the Government in these matters, but those committees have not yet made any recommendation to the Government. 3. It must be kept in mind that a person is born to the caste/tribe and, accordingly, a caste certificate is only an acknowledgement of the fact that he or she has been born to that caste/tribe. There is no just reason to delay in 2 issuance of such certificate. Similarly, there is also no reason for delay in issuance of a residence certificate when the Government insists production of the same for the purpose of making available Government largesse on the basis of such certificate. 4. We, accordingly, dispose of this writ petition by directing the State Government and its officers to take a decision, one way or the other, in relation to an application made for obtaining a caste/tribe certificate as well as a permanent residence certificate within a period of three months from the date of making of the application and to communicate the same to the applicant within the said period by either granting the certificates to him or by informing him, in writing, that such certificates he is not entitled along with reasons therefor. In the event, in exceptional circumstances, it is not possible for the officers concerned to take a decision within three months on such applications, they must, within the period of three months from the date of the application, inform the applicants the reason, which is preventing taking of a decision on such application. 5. It is also made clear that in the matter of grant of such certificates, the State is permanently injuncted from insisting on production of certificates suggesting that the applicant or his/her ancestors own land within the territory of Uttarakhand, inasmuch as, neither the caste/tribe of an applicant, nor residency of an applicant has any relation or connection with ownership of land. (U.C. Dhyani, J.) ( Barin Ghosh, C.J.) 19.09.2011 19.09.2011 ASWAL 3