Ritu Kumari vs State Of Punjab & Ors
2024 Latest Caselaw 9071 P&H

Punjab-Haryana High Court

Ritu Kumari vs State Of Punjab & Ors on 29 April, 2024

                                      Neutral Citation No:=2024:PHHC:058211
                                                             2024:PHHC:058211

CWP-6332-2017                                                                  -1-


            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH


238                                             CWP-6332-2017
                                                Date of Decision: 29.04.2024

Ritu Kumari                                                       ...Petitioner



                                      Versus



State of Punjab and others                                      ...Respondents



CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:-     Ms. Alka Chatrath, Advocate and
              Mr. Nikhil Singh, Advocate for the petitioner
              Mr. Aman Dhir, Deputy Advocate General, Punjab
              ***

JAGMOHAN BANSAL, J. (Oral)

1. The petitioner through instant petition under Articles 226/227 of

the Constitution of India is seeking setting aside of order dated 30.01.2017

(Annexure P-16) whereby her claim to the post of Female Intelligence

Assistant (Constable) under Other Backward Classes (for short 'OBC')

Category has been declined.

2. The petitioner by birth belongs to State of Rajasthan. She hails

from Kumhar community which is a notified backward caste in the State of

Rajasthan. She solemnized marriage with Angrez Kumar resident of State of

Punjab. He also belongs to Kumhar community. The petitioner claims that she

is entitled to reservation under OBC Category in the State of Punjab because

embargo of migration from one State to another State is applicable to

candidates belonging to Scheduled Caste and Scheduled Tribe Categories.

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Neutral Citation No:=2024:PHHC:058211 2024:PHHC:058211

A caste is not declared OBC by way of Presidential Order. The respondent has

issued to her certificate of OBC but denied benefit relying upon instructions

which were issued after conducting exam.

3. Mr. Aman Dhir, Deputy Advocate submits that a Coordinate

Bench of this Court in Narender Kaur v. State of Punjab and another, CWP

No.24214 of 2019 decided on 21.01.2020 and Jasveer Kaur v. State of

Haryana and others, CWP No.21050 of 2021 decided on 15.02.2022 has

adjudicated identical issue involved in the present case. The Court has

categorically held that a candidate belonging to a State after solemnizing

marriage with a resident of another State is not entitled to benefit of OBC

Category in the migrating State.

4. This Court as per principles of uniformity and consistency as

well as law of precedent is supposed to follow judgments of Coordinate

Bench. The petitioner may be right in her contention, however, this Court

finds itself unable to form any opinion contrary to opinion of Coordinate

Bench of this Court.

5. In the wake of above discussion and findings, this Court is of the

considered opinion that present petition deserves to be dismissed and

accordingly dismissed.

                                                       (JAGMOHAN BANSAL)
                                                             JUDGE
29.04.2024
Mohit Kumar
               Whether speaking/reasoned             Yes/No
               Whether reportable                    Yes/No




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