Uttarakhand High Court
WPMS/3896/2018 of SMT HIRDESH DEVI Vs STATE OF UTTARAKHAND on 21 December 2018
COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 3896 of 2018 Smt. Hirdesh Devi … Petitioner Vs State of Uttarakhand & another … Respondents Mr. Tapan Singh, Advocate for the petitioner. Mr. P.S. Bisht, Standing Counsel for the State of Uttarakhand. Hon’ble Manoj
Conclusion
IN THE HIGH COURT OF UTTARAKHAND AT NAINITALWrit Petition (M/S) No. 3896 of 2018
Smt. Hirdesh Devi
… Petitioner
Vs
State of Uttarakhand & another … Respondents Mr. Tapan Singh, Advocate for the petitioner.
Mr. P.S. Bisht, Standing Counsel for the State of Uttarakhand.
Hon’ble Manoj K. Tiwari, J. (Oral)
1. By means of this writ petition, petitioner has sought following relief:- “Issue a writ, order or direction quashing the impugned recommendation dated 26.11.2018 issued by the Scrutiny Committee (respondent no. 2), whereby the respondent no. 2 made its recommendation to cancel the caste certificate of the petitioner.”
2. As is evident from the relief sought in the writ petition, Scrutiny Committee has made recommendation to cancel the Scheduled Caste certificate issued in favour of the petitioner by Tehsildar, Haridwar. The Competent Authority is yet to decide as to whether the caste certificate issued in favour of the petitioner has to be cancelled or not. Therefore, it cannot be said that the recommendation made by the Scrutiny Committee has caused any legal injury to the petitioner. In other words, there is no cause of action available to the petitioner to maintain this writ petition.
3. The writ petition is, therefore, pre-mature and is dismissed as such, with liberty to the petitioner to file fresh writ petition at an appropriate stage.
(Manoj K. Tiwari, J.)
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