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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
Rahul Thakur – Appellant
Versus
National Other Backward Classes Commission – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
By way of this writ petition, the petitioner has prayed for the following reliefs:-
“(i) That writ in the nature of certiorari may kindly be DAY issued, quashing and setting aside the impugned rejection letter dated 22.11.2023 (Annexure P-6).
(ii) That writ in the nature of mandamus may kindly be issued, directing the Respondent No. 2 to issue the Other Backward Class certificate to the petitioner within a time bound period pursuant to his Online Application 01.04.2023.
(iii) That strict action may kindly be ordered to be takenagainst the Respondent No 2 for causing unnecessary delay in issuing the Other Backward Class certificate to the petitioner and dereliction of his official duty.
by way of issuance of writ of mandamus or any other appropriate writ order or direction, respondents may kindly be directed to issue consolidated mark list to the petitioner along with degree in MA Physical Education, in the interest of justice, equity and fair play.”
2. Case of the petitioner is that he is a permanent resident of Village Ser, PO, Tehsil and District Solan. He belongs to “Kahar” caste, which is recognized as Other Backward Class (OBC) in the State of Himachal
A person cannot claim OBC status in a state where they do not originate, even if their caste is recognized there, as per constitutional provisions.
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 ....
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....
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.
The central legal point established in the judgment is the constitutional validity of the requirements for scheduled caste applicants in Himachal Pradesh, emphasizing the importance of permanent domi....
Merely having an OBC certificate from another state does not confer OBC eligibility in Himachal Pradesh, as clarified by local regulations and court precedents.
Reservation for Scheduled Castes and Scheduled Tribes is state-specific, and a person recognized as a member of Scheduled Caste in one state is not entitled to benefit of reservation in another state....
Merely holding a bona fide certificate does not grant SC/ST/OBC status in a migratee state if the caste is not recognized there.
The main legal point established in the judgment is that a person migrating from one state to another does not carry their caste status to the migrating state, even if the same caste is recognized as....
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