The Single Judge Bench of the Uttrakhand High Court, comprising Justice Manoj Kumar Tiwari in the case of Smt. Poonam v. State of Uttarakhand & Ors. has expounded that there is no Statute or Government Order, providing that a girl belonging to O.B.C. category has to obtain O.B.C. certificate on the basis of income of her husband immediately after her marriage.
Facts of the Case
The Petitioner is educationally qualified for appointment as Dental Hygienist. She applied for a post reserved for Other Backward Classes in 40 post of Dental Hygienist. Petitioner stood 14th in order of merit still not recommended on the ground that validity period of her O.B.C. certificate had expired three days before publication of advertisement.
Therefore, this petition is filed for seeking directions from the Court for recommendation in the appointment for the Dental Hygienist post.
Submission of the Petitioner
The Counsel on the behalf of the Petitioner relied upon the judgment rendered by Hon’ble Supreme Court in the case of Ram Kumar Gijroya Vs. Delhi Subordinate Services Selection Board and another and pleaded that petitioner is member of Other Backward Classes, and has been issued fresh O.B.C. certificate on 12.01.2022, therefore, the Competent Authority shall re-consider petitioner’s claim in the light of fresh O.B.C. certificate issued to her.
Reasoning and Decision of the Court
The Court scrutinized the facts and material available on record and pointed out two specific issues:
- whether the Petitioner belongs to Other Backward Classes
- Whether she belongs to creamy layer or not.
Answering to first question, the Court observed that this Court has returned finding that petitioner belongs to O.B.C., therefore, that question cannot be re-opened.
On second question, the Court ponder on it and affirmed that the question whether she comes within creamy layer has been decided against her on the ground that petitioner’s marriage was solemnized on 20.11.2022 at Dehradun, however, she obtained O.B.C. certificate by mentioning address and income of her father and not of her husband.
On the confusion that whether caste will be decided on the parents caste or after marriage husband’s caste, the Court clarified that the caste status of petitioner’s parents is not in dispute and it is also not in dispute that petitioner is permanent resident of State of Uttarakhand. Caste status is acquired by birth and not by marriage. Thus, a girl, who does not belong to Other Backward Classes, will not get benefit of reservation available to Other Backward Classes merely by her marriage to a person belonging to O.B.C.
The Court further held that the Competent Authority has issued a certificate stating that petitioner belongs to Other Backward Classes. In the said certificate, it is further certified that petitioner does not belong to creamy layer.
Therefore, the Court allowed the writ petition and expounded that the reasoning given by Secretary of the Selecting Body for rejecting petitioner’s claim for appointment is unsustainable in the eyes of law and also directed the respondents o recommend petitioner’s name for appointment to the Competent Authority, within two weeks, who shall pass appropriate order, as per law, within next two weeks.
Case Details
Case:- Writ Petition (S/S) 1708 of 2022
Petitioner:- Smt. Poonam
Respondent:- State of Uttarakhand and others
Counsel for the Petitioner – Mr. Sanjay Bhatt
Counsel for the Respondent - Mr. Narayan Dutt
Judge: Justice Manoj Kumar Tiwari
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