IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1365 of 2008 (M/S) Sukha Singh, S/o Didar Singh and another. ……. Petitioners. Versus State of Uttarakhand, District Magistrate, District Udham Singh Nagar and another. …… Respondents. Sri Mohd. Azim, learned counsel for the petitioners. Sri K.P. Uapdhayay, learned Additional C.S.C. for the State-respondents. Hon’ble B.S.Verma, J. Heard Sri Mohd. Azim, learned counsel for the petitioners and Sri K.P. Upadhyay, learned Additional C.S.C. for the State-respondents. The present writ petition has been filed by the petitioners for issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to issue Case Certificate of Other Backward Class to the petitioners at the earliest. Learned Additional C.S.C. appearing for the respondents has contended that the certificate cannot be issued by the Court and the competent authority to issue the Caste Certificate i.e. Tehsildar, who has to take decision in the matter in accordance with law and G.O. Learned counsel appearing for the petitioners have contended that the application of the petitioners are pending and the respondent No.3 is not issuing the OBC Caste Certificate to the petitioners as they belongs to the community of “Jat Sikh”. It is further contended that the petitioners have to contest the election and the direction may be given to the respondent No. 3 to decide the application of the petitioners in terms of the Government Order Dated 31-12-2002 which was issued by Uttarakhand Government in pursuance to the direction given in the writ petition No. 30727 of 2000, Baldev Singh Vs. Tehsildar, Bilaspur, District Rampur and others and which was followed by the Division Bench of this Court in Writ Petition No. 917 of 2003 (M/B), Dharam Singh Vs. State of Uttarakhand and others for issuance of the OBC Caste Certificate to the “jat Sikh”. The prayer made is innocuous in nature and deserves to be accepted. The writ petition is disposed of finally with the direction that the respondent No.3- Tehsildar, Gadarpur, District Udham Singh Nagar shall take a decision on the application for issuance of the OBC Caste Certificate made by the petitioners preferably within a period of one week from the date of production of certified copy of this order in accordance with the said Government Order. All pending applications stands disposed of. Copy of the order be supplied to the learned counsel for the petitioner today on the payment of usual charges. (B.S.Verma, J.) 06.08.2008. M.K.