JUDGMENT :

Dev Darshan Sud, J.

The petitioner approached this Court since she was not permitted to participate in the selection process for the appointment of TGT(Arts). The petitioner claims for the status of Scheduled Caste since her caste 'Lohar' is Scheduled Caste in State of Himachal Pradesh. But the petitioner is born and brought up in Punjab where 'Lohar' caste is only treated as Backward. Her parents belong to the said backward class only. A person belonging to the backward class in one State, cannot get the advantage as Scheduled Caste by shifting the domicile to another State where that caste is included in the category of Scheduled Castes. Caste status is acquired by birth and not by domicile or matrimony.

2. Learned counsel for the petitioner submits that he had already been issued a Scheduled Caste Certificate. Apparently, the State has not taken into consideration the crucially relevant factor referred to above. Therefore, we set aside Annexure P-3, certificate issued by the Executive Magistrate, Una. But that does not mean that she should be treated as belonging to forward class. The social disadvantages are still there on account of her caste status. Since the petition