HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Service Single No. 462 of 2025

12 November, 2025 Smt. Anshu Sagar … Petitioner Versus State Of Uttarakhand & others … Respondents With WPSS No. 382 of 2025 WPSS No. 420 of 2025 WPSS No. 427 of 2025 WPSS No. 484 of 2025 WPSS No. 511 of 2025 WPSS No. 513 of 2025 WPSS No. 514 of 2025 WPSS No. 518 of 2025 WPSS No. 523 of 2025 WPSS No. 526 of 2025 WPSS No. 527 of 2025 WPSS No. 529 of 2025 WPSS No. 601 of 2025 WPSS No. 602 of 2025 WPSS No. 604 of 2025 WPSS No. 605 of 2025 WPSS No. 608 of 2025 WPSS No. 660 of 2025 WPSS No. 661 of 2025 WPSS No. 663 of 2025 WPSS No. 670 of 2025 WPSS No. 671 of 2025 WPSS No. 677 of 2025 WPSS No. 685 of 2025 WPSS No. 686 of 2025 WPSS No. 693 of 2025 WPSS No. 694 of 2025 WPSS No. 695 of 2025 WPSS No. 696 of 2025 WPSS No. 844 of 2025 WPSS No. 1452 of 2025 ----------------------------------------------------------------------

Presence:-

Mr. M.K. Ray & Ms. Neetu Singh, Advocates for the petitioners Mr. N.S. Pundir, learned Deputy Advocate General with Mr. Suyash Pant & Mr. Narayan Dutt, learned counsel for the State of Uttarakhand.

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Hon'ble Manoj Kumar Tiwari, J.

JUDGMENT

1. Petitioners claimed reservation available to members of Scheduled Castes, in a selection held for appointment as Teacher in Government Primary Schools. They were not given that benefit on the ground that they are member of a community, which is declared as Scheduled Caste for some other State and upon migration to Uttarakhand, they cannot get reservation in State Services of Uttarakhand.

2. Since common questions of fact and law are involved in these petitions, therefore, these petitions are clubbed together and decided by this common judgment. However, for the sake of brevity and convenience, facts of WPSS No. 462 of 2025 alone are being considered and discussed.

3. Petitioner in Writ Petition (S/S) No. 462 of 2025 was a permanent resident of District Moradabad in State of Uttar Pradesh before her marriage. She was born in a JATAV family, which is recognized as Scheduled Caste for State of Uttar Pradesh. Petitioner got married with a person, who is resident of Uttarakhand State and belongs to Scheduled Caste Community of Uttarakhand. Based on her marriage, Tehsildar Jaspur (Udham Singh Nagar) issued a Certificate, wherein she was declared as Scheduled Caste of Uttarakhand State. A Permanent Resident Certificate was also issued in her favour by Sub-

Divisional Magistrate, Jaspur. Since benefit of reservation was not given to her, therefore, she has approached this Court challenging the instructions issued by Secretary, Elementary Education, vide letter dated 28.10.2024.

4. Petitioner contends that she was member of Scheduled Caste Community even before her marriage and her caste status has not undergone any change due to marriage, therefore, denial of benefit of reservation to her is arbitrary and unjust. It is further contended that Competent Authority in State of Uttarakhand has recognized her as member of Scheduled Caste of State of Uttarakhand, therefore, there is no reason, whatsoever, for denying benefit of reservation to her.

5. The impugned letter dated 28.10.2024, issued by Secretary, Elementary Education is on record as Annexure 8 to the writ petition. Perusal thereof reveals that Director, Elementary Education sought guidance from the Secretary on the question, whether benefit of reservation can be given to such women candidates, who obtained Caste Certificate in State of Uttarakhand on the basis of their marriage with a permanent resident of Uttarakhand.

6. The Secretary, in his letter has referred to Government Order dated 10.10.2002, issued by Personnel Department in which, after referring to provisions contained in Sections 24 & 25 of the U.P. Reorganisation Act, 2000, providing for amendment of (Scheduled Castes) and (Scheduled Tribes) Order, 1950 stated that persons belonging to other States will not be entitle