IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 418 of 2010. Harish Chander Nath, S/O Late Shri Dharam Nath, R/O Village and P.O. Pingua, Tehsil Tuini, District Dehradun. … Petitioner. Vs. State of Uttarakhand through Secretary Social Welfare Dehradun and four others. …Respondents. Mr. S.K.Mandal, Advocate, learned counsel for the petitioner. Mr. K.P.Upadhyay, learned Additional Chief Standing Counsel for the respondent Nos. 1 to 4. Date March 27, 2010. Hon’ble B.S.Verma, J. Heard learned counsel for the petitioner and perused the record. Learned Additional Chief Standing Counsel has submitted that this petition may be disposed of at the admission stage without inviting counter affidavit from the respondents. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned order dated 2-12-2009 passed by respondent no. 4 (Annexure-1 to the petition). According to the petitioner, the petitioner belongs to Jogi caste (Shilpkar), which falls in the category of Scheduled Caste. Prior to the creation of State of Uttarakhand, he was resident of village Pingua, Tehsil Chakrata, district Dehradun and after formation of the new State, Chakrata Tehsil was divided into three Tehsils-Chakrata, Kalsi and Tuini and the village of the petitioner fell in Tuini Tehsil. As per Government Notification, the caste of the petitioner was specified in Scheduled Caste category. The petitioner was given employment in postal department on contract basis on the strength of his caste certificate. It appears that a complaint was made by one Madan Lal that the petitioner has obtained two caste certificate- one under the Scheduled Caste category and the other pertaining to Scheduled Tribes category from two separate Tehsils and on the basis of the same, the caste certificate of the petitioner was cancelled by the impugned order under the oral direction of the District Magistrate, Dehradun. 2 The grievance of the petitioner is that the caste certificate of the petitioner was cancelled by Tehsildar Tuini (Dehradun) without affording any opportunity of hearing, which was granted to him. I have perused the impugned order dated 2-12-2009 passed by respondent no.4 (Annexure-1 to the petition). It is obvious from a perusal of Annexure-1 that on the oral instruction of the District Magistrate Dehradun received on telephone, the caste certificate of the petitioner has been cancelled without affording opportunity of hearing to the petitioner. It is also mentioned in the impugned order that the petitioner has availed benefits of two different caste certificates with ulterior motive. In the above facts and circumstances of the case, it comes out that no opportunity of hearing was given to the petitioner before cancelling the caste certificate. The impugned order passed by the respondent no.4 is clearly hit by the principles of natural justice. Learned Additional Chief Standing Counsel has urged that it should left open to the respondent-authorities to pass fresh orders after hearing the petitioner. The District Magistrate, Dehradun is directed either to pass orders afresh in the matter in accordance with law after hearing the petitioner and after obtaining reports from the concerned Tehsildars of Tehsil Chakrata and Tehsil Tuini, wherefrom the petitioner has allegedly obtained two different Caste Certificates. The District Magistrate may decide the matter either himself or may authorize any Additional District Magistrate to pass appropriate order in the matter. The petitioner may make a representation before the District Magistrate Dehradun along with certified copy of this order within a period of 15 days. If the representation is not made within the stipulated time before the District Magistrate, this order shall stand automatically revoked. Accordingly, the impugned order dated 2-12-2009 (Annexure-1) shall not be given effect to. With the above direction, the writ petition is disposed of finally. All pending applications also stand disposed of. (B.S.Verma,J.) RCP 3