The court affirmed that benefits of caste-based reservations are non-portable across states; migrants must claim such benefits in their state of origin only, emphasizing socio-legal contextualization.

JUDGMENT :

HARPREET SINGH BRAR, J.

1. The present petition has been preferred under Articles 226/227 of the Constitution of India seeking setting aside of order bearing Endorsement No.267/71 dated 19.05.2025 (Annexure P-8) passed by respondent No.3-Deputy Secretary (Recruitment), PSPCL, whereby the claim of the petitioner to be considered in the Backward Class category for recruitment to the post of Assistant Engineer/OT (Electrical) was declined.

FACTUAL BACKGROUND

2. Tersely put, the facts are that the respondent-PSPCL issued an advertisement dated 27.11.2024 (Annexure P-1) for recruitment to 25 posts of Assistant Engineer/OT (Electrical Cadre) in the Discipline of Electronics and Communication Engineering, where 02 posts were reserved for candidates from the Backward Class category, one of which was further reserved for women. The petitioner appeared in the Graduate Aptitude Test in Engineering (GATE) 2024 wherein he scored 30 out of 100 marks, above the cut off for Backward Class category. A merit list was published by respondent-PSPCL where the petitioner stood at serial No.17.

3. The petitioner submitted a self-declaration stating that he belongs to Jhinwar community within the Hindu religion, which has been recognised as Backward Class by the Department of Social Justice, Empowerment and Minorities, Government of Punjab vide notification dated 03.09.1955 (Annexure P-9). However, on the date of issuance of the said notification, the permanent residence of the grandfather of the petitioner was in Tehsil Una, District Hoshiarpur, which was a part of the State of Punjab till the year 1996 but currently forms a part of the State of Himachal Pradesh. The father of the petitioner moved to the State of Punjab in the year 1999 and the petitioner was born here as well. A clarification was issued by the relevant department wherein it was stated that persons belonging to Backward Class/Other Backward Class who have migrated from other states to the State of Punjab would not be entitled to the benefit of reservations here. However, he can claim that benefit in the state of his origin i.e. Himachal Pradesh. Accordingly, the claim of the petitioner was rejected vide the impugned order dated 19.05.2025 (Annexure P-8). Hence, the present petition.

CONTENTIONS

4. Learned counsel for the petitioner contends that the petitioner is a domicile of the State of Punjab and belongs to Jhinwar community, admittedly recognised as Backward Class by the Government of Punjab vide notification dated 03.09.1955 (Annexure P-9). The petitioner appeared for GATE pursuant to the advertisement dated 27.11.2024 (Annexure P-1) and stood first in the Backward Class (hereinafter ‘BC’) category, as discernible from the Merit List (Annexure P-2). After declaration of the result, the petitioner appeared before the Document Checking Committee on 07.01.2025 and produced all his original documents including the Backward Class Certificate (Annexure P-4) and the Domicile Certificate (Annexure P- 3). However, vide letter dated 07.01.2025, he was instructed to furnish a fresh Residence Certificate and BC category certificate. Accordingly, the petitioner furnished the said documents issued by the Tehsildar, Amritsar, which are available at Annexures P-6 and P-7. Further, on 27.01.2025, the office of respondent No.3 requisitioned the revenue record from the petitioner showing that his ancestors belongs to domicile of Punjab in 1955 i.e. the year of issuance of notification dated 03.09.1955(Annexure P-9). The petitioner submitted the same via email, which clearly showed that the grandfather of the petitioner was a bona fide resident of Tehsil Una, which formed a part of composite State of Punjab. Learned counsel contends that there was no clause