IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 218 of 2011 Smt. Rafat Jahan ….…… Appellant. Versus State of Uttarakhand and others ………. Respondents. Mr. Anurag Bisaria, Advocate for the appellant. Mr. K.P. Upadyaya, Addl. Chief Standing Counsel for the State / respondent Nos. 1 and 2. Mr. Anant Kumar Agarwal, Advocate for respondent No. 3. Date of Judgment: 19.09.2011 JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble U.C. Dhyani, J. BARIN GHOSH, C.J. (ORAL) On a complaint received, an inquiry was made and in terms thereof, it transpired that the caste certificate, obtained by the appellant, may not be appropriate. After having had expressed such an opinion, the opinion-maker observed that necessary action thereon must be taken. On the basis thereof, a First Information Report has been filed. The matter thereupon was reported in the newspapers. Appellant then obtained a copy of the said opinion by exercising her right under the Right to Information Act. Aggrieved by expression of such opinion, she thereafter filed a writ petition. That has been rejected on the ground that the caste certificate of the appellant has not yet been cancelled. In other words, the Court felt that observations, made in the impugned order dated 19th February, 2011, is merely an opinion, which has not yet affected the appellant in any manner whatsoever. Being aggrieved thereby, the present appeal has been preferred. 2. In the appeal, it is being contended, which was also contended in the writ petition, that had an opportunity been given to the appellant, she would have satisfied that there is no reason to give any such opinion. That may be so, but in as much as no right of the appellant has yet been affected by the said opinion, we are of the view that the appellant was not appropriately advised to approach the Court at this stage. 2 3. We, accordingly, close the matter; reject the appeal, but at the same time, make it clear, as has been held by the learned Judge, that the order impugned is nothing but an opinion. (U.C. Dhyani, J.) (Barin Ghosh, C.J.) 19.09.2011 19.09.2011 Amit