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2011 Supreme(UK) 220

BARIN GHOSH, SUDHANSHU DHULIA
Madhu Arya – Appellant
Versus
State of Uttarakhand – Respondent


Advocates appeared:
Ms. Neetu Singh, Advocate for the petitioner. Shri Vinay Kumar, Standing Counsel (State of Uttarakhand) for the respondent Nos. 1, 2, 4 & 5. Shri B. D. Pande, Advocate for respondent No.3.

JUDGMENT :

Sudhanshu Dhulia, J.

The petitioner was born into a family of Other Backward Class (from hereinafter referred to as OBC), in the State of Uttarakhand and is a permanent resident of the State of Uttarakhand. She was subsequently married to one Rajendra Kumar, who is a permanent resident of Bulandshahr (which is in Uttar Pradesh). In order to get an appointment in government service in Uttarakhand the petitioner applied for a caste certificate from the authorities in the State of Uttarakhand, namely, from Tehsildar Roorkee, District-Hardwar. At this stage it must be stated that though she already had a Caste Certificate in her favour as back as of 1995 certifying that she belongs to "Saini" which is an O. B.C. in Uttar Pradesh, as it was then yet the new Caste Certificate was insisted upon by the authorities after the creation of the new State of Uttarakhand. Be that as it may, since the Caste Certificate was not given to her earlier, she was constrained to file a writ petition before this Court which was disposed of by an order of a Division Bench dated 26th November, 2010, directing the respondent to dispose of the application made by the petitioner as quickly as possible


























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