Punjab-Haryana High Court
Manju Kalwa vs State Of Haryana And Ors on 4 July, 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No. 26993 of 2017 (O&M)
Date of Decision:04.07.2022
Manju Kalwa
......Petitioner
Versus
State of Haryana and another
...... Respondents
CORAM:- HON'BLE MRS.JUSTICE LISA GILL
Present: Mr.Tribhawan Singla, Advocate
for the petitioner.
Dr. Kiran Pal Singh, AAG., Haryana.
Mr. Kanwal Goyal, Advocate
for respondent no.2.
*****
LISA GILL, J(Oral).
Prayer in this writ petition is for quashing letter/order dated
10.11.2017, Annexure P-4, whereby petitioner has been informed that her
candidature has been rejected due to non submission of Reserve Category
Certificate from parental side. It is further prayed that direction be issued to
the respondents to consider petitioner's case for the post of Assistant
Professor (College Cadre) (English) as petitioner has already qualified the
written test.
Petitioner, admittedly, prior to her marriage was a resident of
State of Punjab belonging to 'MEGH' caste. Subsequent to her marriage, she
started residing at her matrimonial home in the State of Haryana. Abovesaid
caste, it is submitted is recognized as Scheduled Caste/Scheduled Tribe in
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the State of Haryana also. Petitioner sought the benefit thereof while seeking
appointment to the post of Assistant Professor (College Cadre) pursuant to
advertisement no. 10 dated 16.02.2016. Petitioner's candidature was rejected
on the ground that she belongs to the State of Punjab belonging to a
Scheduled Caste Category recognized in the said State and after migration to
the State of Haryana, she cannot be given the benefit of the said reserved
category.
Aggrieved therefrom, present writ petition was filed with the
averments that petitioner was born in 'MEGH' caste, which is recognized as
a Scheduled Caste in the State of Punjab as well as in Haryana. Therefore,
after marriage the petitioner is entitled to seek the benefit thereof while
applying for the post in question.
Learned counsel for the petitioner is unable to deny that the
matter is squarely covered against the petitioner in view of judgment of the
Hon'ble Supreme Court in Ranjana Kumari Vs. State of Uttrakhand and
others, Civil Appeal No (s). 8425 of 2013 relying upon earlier judgement of
Marri Chandra Shekhar Rao Vs. The Dean, Seth G.S.Medical Colege
and others, 1990 (2) SCR 843.
In Ranjana Kumari's case (supra), the candidate belonging to
Valmiki Caste which is recognized as a Scheduled Caste in the State of
Punjab married a person belonging to the Valmiki caste in Uttrakhand,
where the said caste is duly recognized as a Scheduled Caste too. She then
migrated to Uttrakhand. Requisite certificate was issued to the said candidate
by the State of Uttrakhand, however, her claim seeking benefit thereof was
rejected. Hon'ble Supreme Court while referring to the earlier two
Constitution Bench judgments in Marri Chandra Shekhar Rao's case
(supra) and Action Committee on Issue of Caste Certificate to Scheduled
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Caste and Scheduled Tribes in the State of Maharashtra and another
Vs. Union of India and another (1994) 5 SCC 244 reiterated the view that
merely because in the migrant State, same caste is recognized as Scheduled
Caste, the migrant cannot be recognized as Scheduled Caste of the migrant
State. Gainful reference can also be made to the judgment of Division Bench
of this High Court in Haryana Public Service Commission Vs. Shweta
Kashyap and another, 2019 (3) S.C.T 214..
Keeping in view the facts and circumstances as above, no
ground for any interference is made out.
No other argument has been addressed.
Accordingly, this writ petition is dismissed with no order as to
costs.
[LISA GILL]
04.07.2022 Judge
s.khan
Whether speaking/reasoned : Yes/No.
Whether reportable : Yes/No.
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