Allahabad High Court
WRIC/11141/2025 of NOOR MOHAMMAD Vs STATE OF U.P. THRU. PRIN. SECY. SOCIAL WELFARE DEPTT. LKO. AND 2 OTHERS on 5 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11141 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned Counsel for the petitioner and learned Standing Counsel who appears on behalf of the State respondent. 2. This petition has been filed with
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - C No. - 11141 of 2025
Court No. - 2
HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J.
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1. Heard learned Counsel for the petitioner and learned Standing Counsel who appears on behalf of the State respondent.
2. This petition has been filed with the following main prayer:- "Issue a writ, order or direction in the nature of Mandamus commanding Respondent No. 3 (Sub- Divisional Magistrate, Rani Ganj, District Shrawasti to issue an OBC certificate to the petitioner within a stipulated period in accordance with law."
3. It has been submitted by learned Counsel for the petitioner that the petitioner belongs to the "Fakeer" caste, which is duly notified as Other Backward Class (O.B.C.) under the Notification issued by the State Government. The petitioner submitted an application before the Sub- Divisional Magistrate, Raniganj, Shrawasti, for issuance of O.B.C. certificate on 22.04.2025. He submitted all documentary evidence in his possession, however, without conducting any proper verification, the Sub- Divisional Magistrate by an order dated 28.04.2025 has rejected the petitioner's application in an arbitrary manner. A copy of the rejection letter has been filed as Annexure-2 to the petition.
4. Learned Standing Counsel has informed this Court that under the Janhit Versus Counsel for Petitioner(s) : Suneel Kumar Maurya, Arif Hussain Counsel for Respondent(s) : C.S.C. Noor Mohammad .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Social Welfare Deptt. Lko. And 2 Others .....Respondent(s)
Guarantee Act, Section 6 provides for an Appeal to be made against an order rejecting a service and service includes grant of caste certificate also. As per the Schedule attached to the Act, if a caste certificate has been refused by the Tehsildar, the first Appellate Authority is the Sub- Divisional Magistrate.
5. In this case, the caste certificate has been refused by the Tehsildar, as is evident from the rejection letter, which has been digitally signed by the Tehsildar Bhinga, Shrawasti. The petitioner has a right to file an Appeal before the Sub-Divisional Magistrate, Raniganj, Shrawasti.
6. This petition is disposed of with liberty to the petitioner to file an Appeal before the Sub-Divisional Magistrate, Raniganj, District Shrawasti within a period of ten days. If such an Appeal is filed, it shall be considered on its merits and decided expeditiously. December 5, 2025 Rahul WRIC No. 11141 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench