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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
JYOTSNA REWAL DUA
Neha Gangwal – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
Notwithstanding pendency of some applications including CMP(T) No. 477 of 2025, at the request of learned counsel for the petitioner and with consent of learned counsel for the parties, matter has been heard at this stage.
2. The Case
2(i). The case set up by the petitioner is that she was born at Farukhabad, Uttar Pradesh and by birth belongs to Kurami Caste, which falls in the category of Other Backwards Classes (OBC) in the State of U.P. Petitioner’s marriage was solemnized with Dr. Mukesh Kumar, R/o VPO Kalwari, Tehsil Banjar, District Kullu, H.P. during the year 2009. Petitioner’s husband belongs to Kumhar Caste and falls in OBC Category in the State of Himachal Pradesh. According to the petitioner, certificate of belonging to OBC Category was issued to her by the respondents-State Revenue Authorities.
2(ii) Petitioner participated in the selection process undertaken by the respondents for filing the posts of Medical Officers (Dental) in OBC Category in the State of H.P. At that stage, respondent No.5 preferred Bhawana Chaudhary Vs. State of H.P. and others , CWPOA No.5257 of 2020 decided on 06.01.2022, seeking directions to the respondent-State no
Merely having an OBC certificate from another state does not confer OBC eligibility in Himachal Pradesh, as clarified by local regulations and court precedents.
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Merely holding a bona fide certificate does not grant SC/ST/OBC status in a migratee state if the caste is not recognized there.
Validity of OBC certificate, importance of caste certificates bearing the name of the parent, and inapplicability of reservation benefits through marriage
The requirement of a caste certificate bearing the name of the parent to verify the actual caste of the candidate at the time of birth is essential for claiming reservation benefits.
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.
A caste certificate's format does not negate its validity if it proves eligibility for OBC status, emphasizing the need for a pragmatic approach in interpreting reservation laws.
A female who has migrated to the State of Rajasthan post marriage is entitled to be issued an OBC certificate, but not entitled to reservation in public employment in the State of Rajasthan.
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