Hon'ble Manish Mathur,J.
(Oral)
1. Mohammad Arshad Raza has preferred this petition for issuance of a writ in the nature of mandamus directing respondent No.3 (Tahsildar, Tahsil Jamunha, district Shravasti) to issue caste certificate for 'Sekh' caste as Other Backward Class in context of the petitioner.
The petitioner also seeks a writ in the nature of mandamus directing respondents to decide representation made by the petitioner in this context dated 30.7.2019.
2. Contention of learned counsel for the petitioner is that Ordinance No.18 of 2001 was issued declaring 'Sekh' caste as Other Backward Caste for some benefits of reservation. The Ordinance has been placed on record as Annexure No.1.
It has been pleaded that the petitioner belongs to Muslim community and by caste, is 'Sekh'. Various testimonials have been appended with the petition while showing the caste of the petitioner as Islam/Sekh. On the basis of the said documents, a claim has been made by virtue of the petition for declaration to the effect as sought in the prayer clause.
In para 6 of the petition, it has been pleaded that the petitioner applied online on Digital Seva Kendra on 22/25.2.2019 for issuance of caste certificate, which, however was rejected with observation "This caste is not exist". The document has been placed on record as Annexure No.4.
It has been pleaded that thereafter representations were given, however, have not been decided.
3. We have considered the contention of learned counsel for the petitioner carefully.
Annexure-1 is an Ordinance issued in the year 2001. We have raised a query as to whether it has been passed as a legislation and has become an Act; or fresh Ordinance has been issued to enable the petitioner to raise a claim in terms of the Ordinance.
Learned counsel has not been able to give any reply in the two regards.
4. Be that as it may, we have taken into account contents of Annexure-4 vide which prayer made by the petitioner has been rejected by Tehsildar vide order dated 24.3.2019. We find that the said order has not been challenged by virtue of this petition.
5. Be that as it may, learned counsel for the State Mr. Raj Baksh Singh has pointed out that for such issues, a special legislation has been provided in the name of Uttar Pradesh Janhit Guarantee Adhiniyam, 2011. The petitioner can very well file an appeal before the concerned authority under the said Adhiniyam.
6. Considering various facts and circumstances of the case and the lacuna(s) in the petition, as noticed above which go to the root of the matter, we are unable to grant any relief to the petitioner in extraordinary writ jurisdiction.
7. The writ petition is dismissed.
We, however, leave it to the petitioner to file an appeal in terms of The Uttar Praesh Janhit Guarantee Adhiniyam, 2011, if so advised.
Order Date :- 27.8.2019/kkb