Heard Mr. Parikshit Saini, Advocate for petitioner and Mr. K.P. Upadhyay, Additional Chief Standing Counsel for State of Uttarakhand.

2. The petitioner is a member of an Other Backward Class, community, (from hereinafter referred to as OBC), namely “Saini”. This community is notified as an OBC in the State of Uttarakhand, and there is no dispute regarding this fact. However, petitioner has now married a person outside her Caste, who is of a high caste who is also a permanent resident of a different State i.e. of Purnia, which is in the State of Bihar. The two, presently resides in Delhi. Petitioner has a diploma in Russian Language from Jawahar Lal Nehru University, Delhi and in pursuance to an advertisement issued by the Union Public Service Commission has applied for a job, which requires proficiency in Russian Language. Some of the posts on which the appointment has to be made are reserved for OBC candidates. Now, the husband of the petitioner is not an OBC, moreover, the State in which the husband of the petitioner claims a “permanent residence” has also not notified “Saini” as an OBC caste. The petitioner, therefore applied for this OBC certificate in the State of Utt