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2021 Supreme(HP) 930

TARLOK SINGH CHAUHAN, JYOTSNA REWAL DUA
Nikku Ram – Appellant
Versus
Secretary, Social Justice & Empowerment – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Ajit Sharma, Advocate.
For the Respondent:Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Vikas Rathore, Mr. Nand Lal Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals, Ms. Seema Sharma, Mr. Bhupinder Thakur and Mr. Yudhbir Singh Thakur, Deputy Advocate Generals, Mr.Ajeet Singh Saklani, Advocate

JUDGMENT :

Tarlok Singh Chauhan, J.

The petitioner has filed the instant petition for grant of the following reliefs:

    “A. That the respondents be directed to issue a fresh OBC Certificate in favour of the petitioner.

B. That the respondents may kindly be directed to permit the petitioner to file his nomination for the upcoming elections.”

2. It is not in dispute that the application of the petitioner for issuance of ‘OBC’ Certificate was rejected in response to his application filed on the online portal on 22.12.2020 with the remarks that the applicant does not belong to the ‘OBC’ Category and belongs to the ‘Brahman’ Caste. However, petitioner would claim that similar certificates have not only been issued in the past, but on that basis, he had contested last elections held in the year 2016. Therefore, it is not open to the respondents to dispute the status of the petitioner as ‘OBC’.

3. The respondents have categorically stated in their instructions that Certificate No. 7219 dated 24.11.2015 on the basis of which the petitioner contested the previous elections was issued inadvertently and, therefore, the respondents cannot be directed to repeat the mistake.

4. In the notification issue

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