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Allahabad High Court
Km. Sunita Singh vs State Of U.P. And Others on 28 July, 2010
Court No. - 18

Case :- WRIT - A No. - 43830 of 2010

Petitioner :- Km. Sunita Singh
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Abhay Raj Singh
Respondent Counsel :- C. S. C.,Sri. Mohan Dharia

Hon'ble Arun Tandon,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the
State-respondents.

Candidature of the petitioner for admission to Basic Teaching Certificate
Course-2010 is not being considered within the reserved category of
scheduled castes on the ground that she has produced a caste certificate issued
by the Tehsildar employed in the State of Uttarakhand.

Learned counsel for the petitioner submits that irrespective of the said
certificate, her caste is included within the list of Scheduled Castes as
notified under Article 341 of the Constitution of India and therefore, non-
consideration of her claim is illegal.

In the facts of the present case, I am of the considered opinion that the
grievance of the petitioner can be more appropriately examined by respondent
no.5 at the first instance.

Accordingly, the present writ petition is disposed of by providing that the
petitioner may make a representation, ventilating all her grievances, supported
by such documents, as may be advised, before respondent no.5 within two
weeks from today, along with a certified copy of this order. Along with the
representation, petitioner may file a copy of the list issued under Article 341
of the Constitution of India applicable to the State of Uttar Pradesh qua caste
to which the petitioner belongs. On such representation being made,
respondent no.5 shall consider and decide the same, in accordance with law
by means of a reasoned speaking order, preferably within four weeks from the
date the representation is filed.

(Arun Tandon, J.)

Order Date :- 28.7.2010
Sushil/-


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