[Per : Hon’ble V.K. Bist, J. (Oral)]

1. The petitioner has filed this writ petition for the following reliefs:-

“i. Issue a writ order of direction in the nature of mandamus commanding the respondent nos. 1 & 2 to make the petitioner’s selection confirmed on the post of Deputy Superintendent of Police instead of Provisional or in alternative to command the respondent nos. 1 & 3 to issue caste certificate to the petitioner treating the petitioner bonafide resident of Uttarakhand State within such time which this Hon’ble Court deem fit.

ii. Issue any other writ order or direction which this Hon’ble court deem fit and proper under the facts and circumstances of the case in favour of the petitioner.

iii. Award the cost of the present writ petition to the petitioner.”

2. The Brief facts of the present case are that the petitioner’s father joined service in BHEL, Haridwar in the year 1976. The petitioner was born on 19-06-1976 in Haridwar and since his birth he is residing in Haridwar. Petitioner did his schooling and matriculation from Vidhya Mandir, College Haridwar and graduation from Gurukul Kangari University in the year 2005. According to the petitioner he belongs to Dhanuk Caste which is notified as Schedule Caste in the State of Uttarakhand. He was issued caste certificate on 16-03-2004 as well as domicile certificate on 29-08-2006 after due verification and investigation as required under the law. In response to advertisement issued by Uttarakhand State Public Combined Civil Services Examination 2004 under the Scheduled Castes Category. He was permitted to appear in preliminary examination as well as in main examination. After being declared successful in the main examination he was called for interview and was declared successful for the post of Deputy Superintendent of Police. However, the selection of the petitioner was done provisionally. On inquiry the petitioner was asked to submit his caste certificate on latest performa issued by the Government. On 14.07.2008 the petitioner applied for issuance of fresh caste certificate in the office of Tehsildar. After waiting for a long time when caste certificate was not issued to the petitioner, the petitioner moved an application under Right to Information Act for obtaining the copies of report submitted by Lekhpal and Kanongo and also for disclosure of reason why fresh caste certificate was not being issued to him. Thereafter, Tehsildar, Haridwar supplied copy of the report submitted by the Lekhpal to the petitioner. In the report of Lekhpal, which is annexure 8 to the writ petition, it is mentioned that the petitioner is residing from 1982 but since the petitioner is not original resident, therefore, issuance of certificate is not proper. Since fresh caste certificate was not issued to the petitioner, the petitioner filed present writ petition.

3. Tehsildar, Haridwar filed his counter affidavit stating there in that as per the requirement of paragraph 1 of the Government Order dated 22.06.2006 the petitioner was required to submit the affidavit and original resident certificate and the petitioner applied for caste certificate as per Government Order dated 22.06.2001. In the counter affidavit it is submitted that in the year 2004 the petitioner applied for the caste certificate alongwith the application he had submitted caste certificate issued from District Nalanda, Bihar which itself goes to show that the petitioner is an original resident ¼ewy fuoklh½ of State of Bihar. The ground taken for non issuance of caste certificate to the petitioner in the counter affidavit is that since the petitioner originally is resident of State of Bihar, he cannot be issued caste certificate in the State of Uttarakhand and accordingly he is not entitled to avail benefit of reservation in the State of Uttarakhand. In the counter affidavit it has further been mentioned that the petitioner can be issued permanent resident certificate in the State of Uttarakhand on the basis of his 15