IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 799 (M/S) of 2011 Monika Rani …Petitioner Versus State of Uttarakhand & others …Respondents With Writ Petition No. 800 (M/S) of 2011 Monika Rani …Petitioner Versus State of Uttarakhand & others …Respondents Hon’ble Tarun Agarwala, J. Heard Sri Neeraj Garg, the learned counsel for the petitioner and Sri H.M. Raturi, the learned Standing Counsel for the respondents. The petitioner was born in Rishikesh, District Dehradun in the year 1981 and is living with her parents in this town where she was brought up. The petitioner did her schooling and graduation from Rishikesh. The petitioner’s father was born in Jwalapur in District Haridwar in the year 1951 and served in Indian Drugs and Pharmaceuticals Limited (IDPL) since 1977, which is located in Rishikesh. The petitioner retired in the year 2003 and after retirement, is still living in Rishikesh. The petitioner’s contention is that she is a permanent resident of Rishikesh. The petitioner contends that she is a Scheduled Caste belonging to ‘Balmiki’ community and, in this regard, the petitioner’s father was issued a caste certificate by the Tehsildar, Dehradun, on 22nd August, 1979, indicating therein that the petitioner’s father is a Scheduled Caste. The petitioner was also issued a caste certificate by the Tehsildar, Dehradun, dated 16.11.1995, indicating that the petitioner is a Scheduled Caste belonging to ‘Balmiki’ community. 2 On 8th February, 2006, the Sub-Divisional Magistrate, Rishikesh, also issued a permanent resident certificate in favour of the petitioner. This is the admitted position, which the respondents do not deny in their counter affidavit. The petitioner applied for a diploma course in Government Girls Polytechnic, Dehradun. This course is for a period of two years divided into four semesters. The petitioner applied for admission as a Scheduled Caste candidate. Admission was granted and the College authorities directed the petitioner to submit a caste certificate within a stipulated period. Accordingly, the petitioner applied for a caste certificate on 20th August, 2010, which was rejected by the Tehsildar by its order dated 27th August, 2010 on the ground that no proof was submitted that the petitioner’s forefathers were living in the geographical limits of Uttarakhand since 10th August, 1950, as per the Government Order dated 12th January, 2009 and the decisions of the Supreme Court. The petitioner, being aggrieved by the action of the Tehsildar, filed Writ Petition No. 799 (M/S) of 2011 praying for the quashing of the order of the Tehsildar dated 27th August, 2010 and commanding the respondents to issue a caste certificate. During the pendency of the writ petition, since the petitioner did not have a caste certificate, the College cancelled the admission of the petitioner on 21st April, 2011. As a result, the petitioner filed Writ Petition No. 800 (M/S) of 2011 for the quashing of the order dated 21st April, 2011, by which the petitioner’s admission was cancelled. This Court passed an interim order dated 5th May, 2011, permitting the 3 petitioner to appear in the second semester, but restrained the College authorities from declaring the result of the petitioner. The third semester has now started and the petitioner has not been given admission since her result has not been declared. Having heard the learned counsel for the parties at some length, the Court finds that the Tehsildar committed a manifest error in rejecting the petitioner’s application for grant of a caste certificate. The order of the Tehsildar dated 27th August, 2010 cannot be sustained for the following reasons. The Tehsildar has relied upon a Government Order dated 12th January, 2009. Upon a perusal of the said order, the Court finds that it has been issued by the Secretary to the State Government to the District Magistrate, Dehradun, in relation to the caste certificate of one Smt. Kamla Devi. The Court is of the opinion that this is not a Government Order as contemplated under Article 166 of the Constitution of India since it has not been issued in the name of the Governor. The order of 12th January, 2009 is an order passed by the Secretary to the Government in relation to a particular case informing the District Magistrate. The said order cannot be treated to be a Government Order under Article 166 of the Constitution of India. In the light of the aforesaid, the Tehsildar committed a manifest error in relying upon the order of 12th January, 2009. There is a Government order of 27th May, 2004, which has been issued by the State Government, which is the Government Order contemplated under Article 166 of the Constitution of India. This Government Order is still in force and has not been 4 superseded or modified. The Government Order indicates that those persons who belong to Scheduled Caste or Scheduled Tribe and are living in the geographical limits of Uttarakhand on or before 9th November, 2000, would be treated as Scheduled Caste and Scheduled Tribe respectively in the State of Uttarakhand and to that effect, the Presidential Order of 10th August, 1950, would stand modified. This Government Order is squarely applicable to the petitioner and has been fairly conceded by the learned Standing Counsel. The Court finds from the documents so annexed, which has remained unrebutted, that the petitioner’s father was issued a caste certificate by the Tehsildar, Dehradun, on 22nd August, 1979, indicating that the petitioner’s father is a Scheduled Caste belonging to ‘Balmiki’ community. The petitioner was also issued a caste certificate dated 16.11.1995 by the Tehsildar, Dehradun, indicating the same thing. The Sub- Divisional Magistrate, Rishikesh, has issued a permanent resident certificate in favour of the petitioner on 8th February, 2006, which indicates that the petitioner is living in Rishikesh for the past 15 years, i.e., much prior to the creation of the State of Uttarakhand, which came into existence w.e.f. 9th November, 2000. Apart from the aforesaid, there is a categorical statement that the petitioner’s father was born in Jwalapur in 1951, which is now in the State of Uttarakhand and is part of District Haridwar. The petitioner’s father was serving in IDPL since 1977, which is in Rishikesh in District Dehradun. The petitioner has done her schooling and graduation from 5 Rishikesh, which is in District Dehradun and is now in the State of Uttarakhand. Further, the Scheduled Caste categories of Uttar Pradesh are also the same as of Uttarakhand and consequently, the Government Order dated 27th May, 2004, is squarely applicable. For the reasons stated aforesaid, the petitioner is entitled to the relief claimed by her. The impugned order dated 27th August, 2010, passed by the Tehsildar, Rishikesh, is quashed. Writ Petition No. 799 (M/S) of 2011 is allowed and a writ of mandamus is issued to the Tehsildar, Rishikesh, to issue a caste certificate to the petitioner as per the Government Order dated 27th May, 2004, within two weeks from the date of production of a certified copy of this order. Since the petitioner is a Scheduled Caste and a direction for issuance of a caste certificate has been issued by this Court, the College authorities were not justified in cancelling the admission of the petitioner. Consequently, the order dated 21st April, 2011, cancelling the admission of the petitioner, is quashed. The College authorities are directed to declare the result of the second semester of the petitioner and in the event, the petitioner passes the examination, she would be admitted in the third semester. The petitioner, upon receipt of the caste certificate, will immediately file the same before the College authorities for completion of the admission formalities. Writ Petition No. 800 (M/S) of 2011 is also allowed. In the circumstances of the case, parties shall bear their own cost. (Tarun Agarwala, J.) 14-11-2011 Salim/