IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 20^TH DAY OF APRIL, 2022 BEFORE HON’BLE MR.JUSTICE MOHAMMAD RAFIQ CHIEF JUSTICE & f HON’BLE MR.JUSTICE SANDEEP SHARMA CIVIL WRIT PETITION NO.8181OF 2021 Between:-

SMT.PINKI BAGGA WIFE OF DR.SACHIN KUMAR RESIDENT OF VILLAGE GHARTHARA, POST OFFICE BADUHI, TEHSIL NURPUR, DISTRICT KANGRA, HP.

...... PETITIONER (BY MR.HARISH KUMAR VERMA, ADVOCATE.)

AND

1. STATE OF HP, THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF EDUCATION, GOVT. OF HP, CIVIL SECRETARIAT, SHIMLA, HP.

2. THE DIRECTOR, ELEMENTARY EDUCATION, LALPANI, SHIMLA, H.P.

3. THE HIMACHAL PRADESH STAFF SELECTION COMMISSION, HAMIRPUR, DISTRICT HAMIRPUR, HP, THROUGH IT’S SECRETARY.

......RESPONDENTS (MR.ASHOK SHARMA, ADVOCATE GENERAL WITH MR.VIKAS RATHORE, ADDITIONAL ADVOCATE GENERAL FOR R- 1 & 2)

(MS.SUCHITRA SEN, ADVOCATE FOR R-3)

This petition coming on for orders this day, Hon’ble Mr.Justice Sandeep Sharma, passed the following:

O R D E R

Being aggrieved and dissatisfied with the action of respondents, whereby candidature of petitioner came to be converted from Scheduled Caste (unreserved) to General (unreserved) category, as a consequence of which petitioner was not considered against trhe post kept reserved for Scheduled Caste (unreserved) category, petitioner has approached this Court in the instant procoeedings filed under Article 226 of the Constitution of India praying therein for the following main relief(s):-

“a) in the meantime, directions be issued to the respondent no.3 to produce the final result of all the 29 candidates (from SC unreserved category), alongwith their respective merit marks, who were selected by the respondent no.3 against the SC unreserved category, before this Hon’ble Court;

b) directions be issued to the respondents to select the present petitioner against the post of TGT (Non-Medical), Post Code – 794, in Scheduled Caste unreserved category;

c) directions be issued to the respondents to implement the ratio of law laid down by this Hon’ble Court, in case of CWP No.5951 of 2020 and Review Petition No.47 of 2021 in the case of the present petitioner also, since the same have attained finality and moreover, have admittedly been implemented by the respondents, vide Annexure P-25 and P-26;

d) directions be issued to the respondents to select/appoint the present petitioner, by holding the act of the respondents (whereby they have converted the category of the present petitioner from SC unreserved to General unreserved category, while she is fully eligible to have been selected/appointed as against the post of TGT (Non-Medical), Post Code – 794, under SC unreserved category), as unconstitutional, arbitrary, absolute, illegal, unlawful and violative of Articles 14, 15, 16 and 21 of the Constitution of India;

e) issue a writ in the nature of Mandamus, further directing the respondents to select the present petitioner by holding that she is not to be considered as migrated lady after her m arriage in the State of Himachal Pradesh and when she is residing with her husband, with a permanent desire/intention to reside in Himachal Pradesh.”

2. Precisely, the facts of the case as emerge from the recordC are that prior to her marriage petitioner was resident of Village and Post Office Jandwal, Tehsil Pathankot, District hGurdaspur (Now Pathankot), Punjab, and she was issued a caste certificate by the Tehsildar, Pathankot, District Gurdaspur (Now Pathankot) on 10.06.2010 to the effect that she belongs to Ramdasi Caste, which is considered to be a Scheduled Caste under the Government of Punjab. On 13.11.2017 petitioner got married with a person namely; Sachin Kumar, resident of Village Gharthara, Post Office, Baduhi, Tehsil Nurpur, District Kangra, H.P. and since then she had been living permanently in State of Himachal Pradesh. Thereafter, Executive Magistrate, Nurpur, District Kangra, Himachal Pradesh, on the representation having been made by the petitioner, not only issued Bonafide Himachali Certificate on 20.04.2018 in he