IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Interim Relief Application No.7062 of 2010 In Writ Petition No. 1479 of 2010(M/S) 1. Nitu Bharti (Minor)D/o Ramesh Lal, S/o Late Ramswaroppo Balmiki, R/o Village Bhaiskhait (Manila), Tehsil Bhakysain, District Almora, Uttarakhand. 2. Ramesh Lal, S/o late Ramswaroop Balmiki, R/o Village Bhaiskhait (Manila), Tehsil- Bhakysain, District Almora, Uttarakhand. ……Petitioners. Versus 1. State of Uttarakhand and others. …….Respondents Mr. Suyash Pant Advocate and Ms. Mamta Joshi, Advocate for the petitioners. Mr. N.P. Shah, Standing Counsel for the State-respondents. Hon’ble B.S.Verma, J. Heard learned counsel of the parties and perused the record. Learned counsel for the petitioners seeks permission to array Tehsildar Bhakysain, District Almora as respondent No.4. Permission granted. The necessary amendment be carried out during the course of the day. By means of this writ petition, the petitioners have sought following reliefs:- (a) To issue a writ, order or direction in the nature of mandamus commanding the respondent No.3 to entertain and issue caste certificate to the petitioner treating the petitioner as Schedule Caste. (b) To issue a writ, order or direction in the nature of mandamus commanding the respondent NO.2 to give provisional admission in the institution and not cancel the petitioners candidature in the Pharmacy Department of Government Polytechnic Nainita. (c) To pass such orders which this Hon’ble Court deems fit in the facts and circumstances of the case. The grievance of the petitioner-Km. Nitu Bharti is that he is entitled for the caste certificate of schedule caste on the basis of domicile of the State. According to the petitioner, her father is serving in the Education Department, since 1980 and her grand father was serving in the Primary Health center Manila since 1969. The petitioner alleging that her application is kept pending without any rhyme and reason. The respondent No.4 i.e. Tehsildar has refused to accept the application of the petitioner even after the enquiry made by the Patwari. The petitioner has been given admission in the Government Polytechnic and has to submit her caste certificate in the institution. If the caste certificate is not granted to the petitioner, the petitioner admission be cancelled by the respondent No.2. In the facts and circumstances of the case, it is directed that the respondent No.4 i.e. Tehsildar Bhakysain, District Almora, shall take decision on the application of the petitioner pending for disposal within a period of one week from the date of production of certified copy of this order on the basis of the Government order dated 27-05-2004 and the judgment passed by this Court in Writ Petition No.1359 of 2009(M/S), Paras Vs. State of Uttarakhand. The respondent No.2 i.e. Principal, Govt. Polytechnic, Nainital, is also directed till the decision is taken by the respondent No. 4 Tehsildar on the application of the petitioner for issuance of the caste certificate, the admission of the petitioner shall not be cancelled. With the said direction, the writ petition is disposed of accordingly. Interim relief application stands disposed of accordingly. The certified copy of this order be supplied to the learned counsel for the petitioner by tomorrow on the payment of usual charges. (B.S.Verma, J.) 19-08-2010 MK