IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1667 of 2008 (M/S) Yadvinder Singh S/o Sri Lakhveer Singh R/o Village Ram Chanderpur (Rafinagar) Tehsil Gadarpur, Distt. U.S. Nagar. . Petitioner ...………… [ Versus 1. State of Uttarakhand through Secretary, Samaj Kalyan, Civil Secretariat, Dehradun. 2. District Magistrate District Udham Singh Nagar. 3. Tehsildar, Tehsil Gadarpur, District Udham Singh Nagar. ...…………. Respondents Mr. S.K. Mandal, Advocate for the petitioner. Mr. K.P. Upadhyay, Addl. C.S.C. for the respondents. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2) By means of this writ petition, the petitioner has sought writ in the nature of mandamus, commanding the respondents to issue other backward caste (hereinafter referred as OBC) certificate in favour of the petitioner. 3) Brief facts of the case are that petitioner is resident of village Ram Chanderpur (Rafinagar), Tehsil Gadarpur, District Udham Singh Nagar. It is pleaded by the petitioner 2 that he belongs to “Jaat Sikh” which is an OBC community as declared so by Notification No. 334 / 64-II-2000-46-95 Lucknow dated 10th March 2000. 4) Attention of this Court is drawn on behalf of the petitioner to Government Order No. 2396 / Social Welfare / 02-558 (Social Welfare) 2002 dated 31st December 2002, issued by the Government of Uttarakhand in which it has been mentioned that the caste which is notified under a Notification issued under Uttar Pradesh Public Services (Reservation of Scheduled Castes, Scheduled Tribes and other Backward Castes) Act, 1994, shall be treated to be applicable irrespectively of the fact that the person belonging to such caste follows Hindu, Muslim or Sikh religion. 5) On behalf of the respondents learned Additional Chief Standing Counsel argued that there is difference between “Jaat Sikh” and “Jatt Sikh”. It is further contended by learned counsel for the respondents that petitioner belongs to community of ‘Jatt Sikh’ and not to the ‘Jaat Sikh’ as is apparent from copy of Family Register (Annexure 3 to the writ petition). 6) This Court cannot decide the factual dispute under the writ jurisdiction. In the circumstances, as agreed by learned counsel for the parties, it may be left open to the authority concerned to consider the application of the petitioner and take a decision thereon whether the petitioner belongs to OBC category, or not. 3 7) Therefore, the writ petition is summarily disposed of with the direction that the concerned authority may take a decision on the application of the petitioner for issuance of OBC certificate, at his end, within a period of 15 days from the date of the certified copy of this order is produced before such authority. (Interim Relief Application No. 6277 of 2008 stands disposed of). (Prafulla C. Pant, J.) [ Dt. September 24, 2008. H.Negi