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2016 Supreme(UK) 110

SUDHANSHU DHULIA
Laxmi Raturi – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Niranjan Bhatt
For the Respondents: Mr. Vikas Pande, Ms. Shivangi Gangwar, Mr. N.S. Pundir

JUDGMENT :

Sudhanshu Dhulia, J.

1. The case of the petitioner is squarely covered by the decision of this Court passed in WPSS No. 290 of 2014 (Km. Babita Vs State of Uttarakhand decided on 16.07.2014). For the sake of convenience, brief facts are stated as under:-

2. The petitioner belongs to a community known as “Rawalta Community”, which has been declared Other Backward Class (in short “OBC”) in the year 2004 i.e. vide order dated 31.01.2004. The OBC certificate, however, was not given to the petitioner. The petitioner appeared in a test known as Teachers Eligibility Test (hereinafter referred to as “TET”) in the year 2013 in which she procured 58% marks. The qualifying marks for a General category candidate are 60% whereas for OBC category candidate it is 50%. The petitioner obtained caste certificate from the authority concerned on 13.02.2014. The petitioner appeared in a selection process for the post of Assistant Teacher L.T. Grade (Math), in which she has been selected.

3. The question before this Court is as to whether the marks obtained by the petitioner in TET have to be calculated for a General category candidate or OBC category candidate.

4. A similar controversy has alread





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