Naeem Idrisi Vs State Of Uttarakhand And Others

Uttarakhand High Court 4 Nov 2024 Writ Petition Miscellaneous Single No. 2924 Of 2024 (2024) 11 UK CK 0069
Bench: Single Bench
Result Published

Judgement Snapshot

Case Number

Writ Petition Miscellaneous Single No. 2924 Of 2024

Hon'ble Bench

Pankaj Purohit, J

Advocates

Mohd. Umar, Zakir Ali, Suyash Pant

Final Decision

Disposed Of

Judgement Text

Translate:

Pankaj Purohit, J

1. Heard learned counsel for the parties.

2. By means of this writ petition, petitioner has challenged the order dated 10.10.2024, whereby, his application for issuance of OBC caste certificate (Muslim Idrisi) was rejected.

3. It was contended by learned counsel for the petitioner, when the matter was taken up as fresh, that the petitioner had already issued the permanent resident certificate on 17.07.2015 and OBC caste certificate on 23.09.2015, by the respondent-State, but, now the said caste certificate was not being issued to the petitioner.

4. On the submission made by learned counsel for the petitioner, this Court vide order dated 23.10.2024 has directed the learned State Counsel to seek instructions from respondent Nos.3 & 4 as to why the caste certificate already issued in favour of the petitioner was cancelled.

5. Today, learned State Counsel has passed on to this Court instructions dated 30.10.2024, which are taken on record. On instructions, it is submitted by learned State Counsel that the petitioner has failed to submit the proof of his residence for the last 15 years in the State of Uttarakhand and it is only for that reason, the OBC caste certificate (Muslim Idrisi) has been cancelled. However, the instructions itself made it specifically clear that if the petitioner submits the proof of his residence in the State of Uttarakhand for the last 15 years, the OBC caste certificate (Muslim Idrisi) would be issued in his favour in accordance with law.

6. Having considered the submissions made by the learned counsel for the parties and having gone through the instructions received, this Court is of the view that the writ petition can be disposed of finally with a direction to Competent Authority to issue OBC caste certificate (Muslim Idrisi) to the petitioner, provided that the petitioner submits the cogent proof of his residence in the State of Uttarakhand for the last 15 years as per the G.O. dated 02.04.2013.

7. Accordingly, the writ petition is disposed of in view of the aforesaid directions.

8. Pending application, if any, also stands disposed of.

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