SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2021 Supreme(HP) 673

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Sureshwar Thakur, Chander Bhusan Barowalia, JJ.
Naveen Kumari - Appellants
Vs.
State of Himachal Pradesh and Ors. - Respondent
CWP No. 5951 of 2020 and COPC No. 12 of 2021
Decided On : 22-02-2021

Advocates:
Advocate Appeared:
For the Appellant :Harish K. Verma, Advocate
For the Respondents: Ashwani Sharma, Vikrant Chandel

Headnote:

Constitution of India, 1950 - Articles 14 and 16 - Post of Language Teacher - Permanent abodes - Scheduled caste category - Counseling process - Writ petitioner is a native of District within State of Punjab - She belongs to 'Megh' caste, caste whereof, is, recognized as a schedule caste, both, in Punjab, and, in Himachal Pradesh – The factum, of, 'Megh' caste, being recognized, to be a scheduled caste, also within State of Himachal Pradesh, is, not controverted, by respondents, in their scribed instructions, placed on record, thereupon, the afore factum acquires an aura, of, truth - Writ petitioner, after solemnizing marriage in Himachal Pradesh, has migrated into Himachal Pradesh, from Punjab, and, hence she borrows the caste, of, her husband, inasmuch as 'Megh' caste, caste whereof, is, both in Himachal Pradesh, and, in Punjab, rather a recognized scheduled caste - Held, Writ petitioner, inasmuch as it stemming, from weightage being given, to the schedule caste aspirants, domiciled within the State of Himachal Pradesh, is, per se constitutionally impermissible, and, besides, is constitutionally flawed, as, there through, an un-necessary territorial fetter rather within the Union of India, becomes created, vis-a-vis., the operation, of, scheduled caste certificate, whereas, the scheduled caste identity, of, its holder, travels alongwith him/her, in, all federal units, within the Union of India, unless the dispelling efficacy thereto rather material hence alluded in, para-3 evidently surges forth – Petition allowed.

JUDGMENT :

Sureshwar Thakur, J.

1. The writ petitioner, applied for the post of Language Teacher, on a batch wise basis. She applied for the apposite post, hence reserved for the scheduled caste category. However, even after completion, of, the counseling process, and, also, despite the petitioner, participating in the relevant counseling process, the respondent concerned failed to declare her result, non-declaration whereof, arose from the respondents concerned, rejecting her scheduled caste certificate, borne in Annexure P-3. The reasons, for the respondents' rejecting Annexure P-3, are, discernable from a perusal, of, the scribed instructions, placed on record, wherein(s), a recital becomes echoed qua the apposite declining reasons, becoming anvilled upon, letter No. EDN-C-B (15) 10/2012 Loose dated 03.10.2012, (i) wherein a mandate is cast, against the acceptance, of, scheduled caste certificate, of, a person, hence born after the date, of, notification, of the relevant Presidential Order, (ii) and, the test, appertaining, to, validity, of, a scheduled caste certificate, hence produced by the afore person/candidate concerned, becoming grooved, in, the necessity, of, the aspirant concerned, ensuring that in contemporaneity, vis-a-vis., his producing, the scheduled caste certificate, his provenly being permanently domiciled within Himachal Pradesh, (iii) AND test thereof becoming rested, upon, provenly his/her parents, being permanently domiciled within the State of Himachal Pradesh. Moreover, it also becomes spelt therein, that the ouster, of, undomiciled on the afore grounds, within Himachal Pradesh, rather candidates or persons, for theirs being considered, for selection, and, appointment, to the advertised public post, hence reserved, for, scheduled caste, who though hold scheduled caste certificate(s), from other federal states, within the territories, of, the Union of India, becoming spurred, from weightage, being given, to scheduled caste category applicants, who are, holding permanent abodes, within the territory of Himachal Pradesh.

2. The writ petitioner, is, a native of District Gurdaspur, within the State of Punjab. She belongs to the 'Megh' caste, caste whereof, is, recognized as a schedule caste, both, in Punjab, and, in Himachal Pradesh. The factum, of, 'Megh' caste, being recognized, to be a scheduled caste, also within the State of Himachal Pradesh, is, not controverted, by the respondents, in their scribed instructions, placed on record, thereupon, the afore factum acquires an aura, of, truth. The writ petitioner, after solemnizing marriage in Himachal Pradesh, has migrated into Himachal Pradesh, from Punjab, and, hence she borrows the caste, of, her husband, inasmuch as 'Megh' caste, caste whereof, is, both in Himachal Pradesh, and, in Punjab, rather a recognized scheduled caste.

3. Even though, per se upon the afore reasons, non-declaration, of, the result, of, the writ petitioner, by the respondents concerned, acquires a deep stain, of, illegality, yet this Court, deems it fit to pronounce, upon the constitutional validity, of the afore imperative necessities, carried in letter No. EDN-C-B (15) 10/2012, letter whereof becomes alluded to, in the scribed instructions, placed before this Court, importantly when the non-declaration, of, the petitioner's result rather becomes anchored thereon, inasmuch, as the writ petitioner, obviously, not satiating the echoing(s), borne therein(s).

4. The necessity(ies)/reasons cast therein, vis-a-vis., a person/candidate concerned, for hence validly applying, against the apposite scheduled caste vacancy, occurring in Himachal Pradesh, becomes grooved, in, upon her, becoming born, after the date of notification, of, Presidential Order, thereupon(s) his/her parents, being proven to be permanently domiciled, within the State of Himachal Pradesh, and, whereas, for wants thereof, the candidate concerned, loosing his/her status, as a scheduled caste category, within the State of Him

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top