NAVEEN KUMARI Vs. STATE OF H. P.
LAWS(HPH)-2021-2-17
HIGH COURT OF HIMACHAL PRADESH
Decided on February 22,2021

Naveen Kumari Appellant
VERSUS
STATE OF H. P. Respondents

JUDGEMENT

Sureshwar Thakur,J. - (1.) The writ petitioner, applied for the post of Language Teacher, on a batchwise basis. She applied for the apposite post, hence reserved for the scheduled caste category. However, even after completion, of, the counseling process, and, also, despite the petitioner, participating in the relevant counseling process, the respondent concerned failed to declare her result, non-declaration whereof, arose from the respondents concerned, rejecting her scheduled caste certificate, borne in Annexure P-3. The reasons, for the respondents' rejecting Annexure P-3, are, discernable from a perusal, of, the scribed instructions, placed on record, wherein(s), a recital becomes echoed qua the apposite declining reasons, becoming anvilled upon, letter No. EDN-C-B (15) 10/2012 Loose dated 03.10.2012, (i) wherein a mandate is cast, against the acceptance, of, scheduled caste certificate, of, a person, hence born after the date, of, notification, of the relevant Presidential Order, (ii) and, the test, appertaining, to, validity, of, a scheduled caste certificate, hence produced by the afore person/candidate concerned, becoming grooved, in, the necessity, of, the aspirant concerned, ensuring that in contemporaniety, vis-A-vis, his producing, the scheduled caste certificate, his provenly being permanently domiciled within Himachal Pradesh, (iii) AND test thereof becoming rested, upon, provenly his/her parents, being permanently domiciled within the State of Himachal Pradesh. Moreover, it also becomes spelt therein, that the ouster, of, undomiciled on the afore grounds, within Himachal Pradesh, rather candidates or persons, for theirs being considered, for selection, and, appointment, to the advertised public post, hence reserved, for, scheduled caste, who though hold scheduled caste certificate(s), from other federal states, within the territories, of, the Union of India, becoming spurred, from weightage, being given, to scheduled caste category applicants, who are, holding permanent abodes, within the territory of Himachal Pradesh.
(2.) The writ petitioner, is, a native of District Gurdaspur, within the State of Punjab. She belongs to the 'Megh' caste, caste whereof, is, recognized as a schedule caste, both, in Punjab, and, in Himachal Pradesh. The factum, of, 'Megh' caste, being recognized, to be a scheduled caste, also within the State of Himachal Pradesh, is, not controverted, by the respondents, in their scribed instructions, placed on record, thereupon, the afore factum acquires an aura, of, truth. The writ petitioner, after solemnizing marriage in Himachal Pradesh, has migrated into Himachal Pradesh, from Punjab, and, hence she borrows the caste, of, her husband, inasmuch as 'Megh' caste, caste whereof, is, both in Himachal Pradesh, and, in Punjab, rather a recognized scheduled caste.
(3.) Even though, perse upon the afore reasons, non-declaration, of, the result, of, the writ petitioner, by the respondents concerned, acquires a deep stain, of, illegality, yet this Court, deems it fit to pronounce, upon the constitutional validity, of the afore imperative necessities, carried in letter No. EDN-C-B (15) 10/2012, letter whereof becomes alluded to, in the scribed instructions, placed before this Court, importantly when the non-declaration, of, the petitioner's result rather becomes anchored thereons, inasmuch, as the writ petitioner, obviously, not satiating the echoing(s), borne therein(s).;


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