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2012 Supreme(SC) 607

SUPREME COURT OF INDIA
H.L. DATTU & CHANDRAMAULI KR. PRASAD, JJ.
U.P. PUBLIC SERVICE COMMISSION - Appellant
VERSUS
MADHU RANA & ORS. - Respondents
Civil Appeal No. 6451 of 2012 (Special Leave Petition (C.) No.20896 of 2010) with C.A. No.6453 of 2012 @ SLP(C) No.26616/2010
Decided on : 11-09-2012.

IMPORTANT POINT
Decisions of the Supreme Court are binding on the High Court.

Headnote:Administration of Justice – Binding precedence – High Court passing order contrary to Supreme Court ruling – Not sustainable. (Para 8)

       (2003) 7 SCC 657 – Relied upon

       Facts of the case:

       The question involved in these appeals is, whether a Scheduled Caste(SC)/Other Backward Caste(OBC) candidate, who has migrated from State ’A’ to State ’B’, after the marriage, is legally entitled to claim benefit of the reservation in the latter State.

       Finding of the Court:

       High Court has passed the impugned order contrary to (2003) 7 SCC 657.

       Result: Appeal allowed.

ORDER

1. We have heard learned counsel for the parties to the lis.

2. Leave granted.

3. The short question involved in these appeals is, as to whether a Scheduled Caste(SC)/Other Backward Caste(OBC) candidate, who has migrated from State 'A' to State 'B', after the marriage, is legally entitled to claim benefit of the reservation in the latter State.

4. The High Court, in the impugned judgments and orders, answered the aforesaid issue in favour of the respondents.

5. Aggrieved by the judgments and orders, the Uttar Pradesh Public Service Commission is before us in these appeals.

6. Learned counsel appearing for the U.P.Public Service Commission has brought to our notice the judgment and order passed by this Court in the case of U.P.Public Service Commission Vs. Sanjay Kumar Singh, reported in (2003) 7 SCC 657.

7. We have carefully perused the aforesaid judgment of this Court and also the judgments and orders of the High Court dated 22.04.2010 and 02.07.2010 in Civil Miscellaneous Writ Petition No.52252 of 2007 and Civil Miscellaneous Writ Petition No.40614(M/B) of 2008 respectively.

8. In our opinion, the judgments and orders passed by the High Court in the aforesaid Writ Petitions are contrary to the judgment and order passed by this Court in Sanjay Kumar Singh's case (supra). In that view of the matter, we cannot sustain the judgments and orders passed by the High Court. Accordingly, we allow the appeals and set aside the judgments and orders passed by the High Court.

Ordered accordingly.

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