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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Reenu – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
Petitioner participated in a selection process for a Scheduled Caste (Unreserved) category post under an advertisement issued by respondent No.2 on 02.03.2020. Her candidature was rejected by the respondents. Feeling aggrieved petitioner has instituted this writ petition.
2. Facts.
2(i). Respondent No.2 issued an advertisement on 02.03.2020 initiating selection process for several categories of posts, including post of Trained Graduate Teacher (Arts). In this category, 62 posts were advertised for candidates belonging to Scheduled Caste (Unreserved) category. Petitioner along with others applied for the post of TGT (Arts) under SC(UR) quota. Her result of written examination was declared in December 2021, wherein she secured 43.50 marks. Petitioner was also called for evaluation of marks. Her total tally of marks came to 47.42. The respondents rejected petitioner’s candidature on the ground that petitioner had not produced the certificate of her belonging to Scheduled Caste category on parental basis. The petitioner produced the caste certificate from her parental side, according to which she belonged to Ramdasia caste, which was recognized as Scheduled
Merely holding a bona fide certificate does not grant SC/ST/OBC status in a migratee state if the caste is not recognized there.
Merely having an OBC certificate from another state does not confer OBC eligibility in Himachal Pradesh, as clarified by local regulations and court precedents.
A person belonging to OBC and even Caste to which petitioner belonged in State of her origin has been declared as a OBC in State of Himachal Pradesh, cannot be held sufficient to carve out an excepti....
Point of Law : The object of Articles 341(1) and 342(1) of the Constitution is to provide additional protection to the members of the SC/ST having regard to the social and economical backwardness fro....
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 candidate must possess a valid caste certificate as prescribed by advertisement requirements to claim reservation benefits, irrespective of their academic qualifications.
A married woman must provide a caste certificate based on her father's details to qualify for reservation in public employment, as per the advertisement's requirements.
Reservation benefits are strictly confined to the State for which the caste is notified, and cannot be claimed across State lines based on marriage or migration.
Migrants cannot claim reservation benefits in a new state based on their original state's caste status, as established by Articles 341 and 342 of the Constitution.
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