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.
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.
According to Mr. Sandeep Adhikari, Advocate for the petitioner, till Schedule I, as notified by the State Government, is amended excluding the Brahmins and the Kshtriyas of the Gorkha Community outside the purview of OBC, issuance of the OBC certificate cannot be denied merely because the Central Government has issued Notification dated 16.06.2011
On the other hand, Mr. Anil Kumar Joshi, Addl. Chief Standing Counsel for State of Uttarakhand/respondents, submitted that since Brahmins and Kshtriyas of the Gorkha Community were excluded from the Other Backward Class by the Central Government vide Notification dated 16.06.2011, therefore, the State Government is correct in refusing to issue the OBC certificate to the Brahmins and the Kshtriyas of the Gorkha Community.
Central Government has power to notify a particular Caste as Scheduled Caste, Scheduled Tribe or Other Backward Classes for the purpose of giving reservation in the Central Government Services, however, reservation in the State Services within the State of Uttarakhand shall be available to those, who are notified as Scheduled Caste, Scheduled Tribe or Other Backward Class under the Uttar Pradesh Public Services (Reservation For Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994.
Undisputedly, all the persons belonging to Gorkha Community, in the State of Uttarakhand were classified as OBC vide Notification dated 15.11.2003 and once again retained in the OBC category vide Notification dated 22.03.2010, therefore, denial of the OBC certificate to the Brahmins and Kshtriayas belonging to the Gorkha Community seems to be unjustified. The State Government cannot refuse to give benefit of reservation to the people belonging to Gorkha Community till Schedule I is amended by the State Government, as per Section 13 of the Uttar Pradesh Public Services (Reservation For Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994.
Present petition, thus, stands disposed of with the direction that OBC reservation shall be available to all the persons belonging to Gorkha Community, residing within the State of Uttarakhand, till Schedule I is amended by State Government by exercising powers under Section 13 of the Act.
CLMA No. 13969 of 2013 also stands disposed of accordingly.