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2010 Supreme(HP) 1214
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Kurian Joseph, Dev Darshan Sud, JJ.
Meenakshi Rehal — Appellant
Vs.
State Of Himachal Pradesh — Respondent
Civil Writ Petition No. 4920 of 2009
Decided on : 20-05-2010
Advocate Appeared:
For the Appellant :Mr. Ajay Sharma, Advocate
For the Respondent:Mr. R.K. Sharma, Senior Additional Advocate General
Caste status is acquired by birth and not by domicile or matrimony. A person belonging to a backward class in one state cannot claim the advantage of being a Scheduled Caste by shifting domicile to another state where that caste is included in the category of Scheduled Castes.
Headnote:
Scheduled Caste - Caste Status and Domicile - The court held that caste status is acquired by birth and not by domicile or matrimony. A person belonging to a backward class in one state cannot claim the advantage of being a Scheduled Caste by shifting domicile to another state where that caste is included in the category of Scheduled Castes. However, the petitioner, being a member of a backward community in Punjab by birth, is entitled to the benefits available to the backward community despite the same community being treated as Scheduled Caste in another state.
Fact of the Case:
The petitioner, belonging to the 'Lohar' caste, claimed Scheduled Caste status in the State of Himachal Pradesh, where the caste is Scheduled Caste, despite being born and brought up in Punjab where the caste is only treated as Backward. The petitioner was not permitted to participate in the selection process for the appointment of TGT(Arts) due to this discrepancy.
Finding of the Court:
The court set aside the Scheduled Caste certificate issued by the Executive Magistrate, Una, as the petitioner's caste status is determined by birth and not by domicile. The petitioner, being a member of a backward community in Punjab by birth, is entitled to the benefits available to the backward community despite the same community being treated as Scheduled Caste in another state. However, the petitioner did not meet the required marks for selection and was not entitled to any relief.
Issues: The issues revolved around the petitioner's claim for Scheduled Caste status in a different state based on her caste's classification in that state, despite being born and brought up in a state where the caste is only treated as Backward.
Ratio Decidendi: Caste status is acquired by birth and not by domicile or matrimony. A person belonging to a backward class in one state cannot claim the advantage of being a Scheduled Caste by shifting domicile to another state where that caste is included in the category of Scheduled Castes.
Final Decision: The writ petition was disposed of, and the petitioner was not entitled to any relief regarding the selection process for the appointment of TGT(Arts) due to not meeting the required marks.
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 petitioner is a member of the backward community in Punjab by birth, she shall be entitled to the benefits that are available to the backward community, despite the fact that the same community is treated as Scheduled Caste in the State of Himachal Pradesh.
3. As far as the present petitioner is concerned, we find that the interview in which she participated provisionally pursuant to the interim order of this Court, the petitioner got only 111 marks in place of the required 117 marks. Therefore, as far as the selection is concerned, the petitioner is not entitled for any relief. The writ petition is accordingly disposed of so also the pending applications.
