Hon’ble Alok Singh, J (Oral)

Present petition is filed by the petitioner, a registered society, seeking a writ of Mandamus commanding the State Government, Collector and Tehsildar to issue OBC Certificate to the people belonging to Gorkha Community residing within the State of Uttarakhand.

2. Mr. Sandeep Adhikari, Advocate for the petitioner, contends that State of Uttarakhand, vide Notification dated 15.11.2003 (Annexure No. 3 to the writ petition), while exercising jurisdiction under Section 13 of the Uttar Pradesh Public Services (Reservation For Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994, was pleased to notify the Gorkha Community as Other Backward Class; after the Government Notification dated 15.11.2003, OBC certificates were issued to the residents of State of Uttarakhand belonging to Gorkha Community; however, renewal thereof was declined on the ground that Central Government was pleased to issue Notification dated 16.06.2011 not to consider Brahmins and Kshtriyas of the Gorkha Community as OBC.

3. According to Mr. Sandeep Adhikari, Advocate for the petitioner, till Schedule I, as notified by the State Government, is amended excludi