Point of Law : Petitioner is married in the State of Himachal Pradesh to a person belonging to OBC and even the Caste to which the petitioner belonged in the State of her origin has been declared as a OBC in the State of Himachal Pradesh, cannot be held sufficient to carve out an exception to the mandate of law.

ORDER :

By way of instant petition, petitioner has prayed for the following substantive relief: -

“That the respondents be directed to allow her application for issuance of a certificate for eligibility for reservation of jobs for Other Backward Classes and services under Government of India as she belongs to a Caste/Community, which is recognized by the State of Himachal Pradesh and she is married to Sadiq Mohammed, who also belongs to a Caste/Community, which is recognized as Other Backward Classes in the State of Himachal Pradesh.”

2. Petitioner was born in State of Bihar. She belonged to Muslim (Ansari) Caste/Community, which has been declared as Other Backward Class (for short, “OBC”) in the State of Bihar. Petitioner married one Sadiq Mohammed, a bonafide resident of State of Himachal Pradesh. The husband of petitioner belongs to Muslim (Teli) Caste/Community, which is also declared as OBC in state of Himachal Pradesh. The Ansari Caste/Community is also included in the Central List of OBC in State of Himachal Pradesh. Petitioner has also been issued Bonafide Himachali Certificate, after her marriage with Sadiq Mohammed.

3. Petitioner has applied to respondent No.2 for issuance of a certificate of eligibility for reservation of jobs for OBC. However, her application has remained undecided, forcing the petitioner to approach this Court by way of the present petition.

4. We have heard learned counsel for the parties and have also gone through the record carefully.

5. The question that arises for determination is whether the petitioner by virtue of being married to a person belonging to OBC in Himachal Pradesh or by inclusion of the original caste of petitioner (Ansari) in the list of Other Backward Classes in the State of Himachal Pradesh is entitled for issuance of a certificate of eligibility for reservation of jobs for Other Backward Classes in the State of Himachal Pradesh?

6. Articles 341 and 342 of the Constitution of India read as under: -

“341. Scheduled Castes. — (1) The President [may with respect to any State [or Union territory], and where it is a State, after consultation with the Governor thereof,] by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State [or Union territory, as the case may be.]

(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

342. Scheduled Tribes. — (1) The President [may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof,] by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union territory, as the case may be.

(2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

342A. Socially and educationally backward classes. — (1) The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the socially and educationally backward classes which shall for the purposes of this Constitution be deemed to be socially and educationally backward classes in relation to that State or Union territory, as the case may be.

(2) Parliament may by law include in or