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2023 DIGILAW 559 (HP)

Mann Kumar v. State of Himachal Pradesh

2023-12-19

AJAY MOHAN GOEL

body2023
JUDGMENT : Ajay Mohan Goel, J. By way of this writ petition, the petitioner has prayed for issuance of a direction to the respondent-Authorities, not to offer appointment to the private respondent against the post of TGT (Non Medical). 2. The case of the petitioner is that Himachal Pradesh Staff Selection Commission, Hamirpur, issued an advertisement Annexure P-1, inviting applications by way of direct recruitment for posts mentioned therein. This included the post of TGT (Non Medical) having post Code 794. The petitioner being eligible applied for the said post under the Scheduled Tribe category as he is a resident of District Kinnaur. In terms of the advertisement, five posts were reserved for Scheduled Tribe (UR) and two posts for Scheduled Tribe (BPL) category. The petitioner had applied under the category of Scheduled Tribe (UR). The private respondent also applied under the same category. 3. As per result declared vide Annexure P-3, private respondent was declared successful under the Scheduled Tribe (UR) category under Roll No. 794004658. 4. The contention of the petitioner is that the private respondent was earlier selected against the post of Patwari under the Scheduled Caste category. According to the petitioner, once he had applied under the Scheduled Caste category for seeking appointment against a government post, then, he could not have applied for another government job under a different category, i.e. Scheduled Tribe category and on this ground that the petitioner is seeking a direction to the respondents not to offer appointment to the private respondent against the post in issue. 5. The stand of the respondent No. 2 is that no injustice has been caused to the petitioner. Private respondent had applied under the Scheduled Tribe (UR) category. On the day of evaluation, he had submitted his Scheduled Tribe certificate alongwith other documents, on the basis of which, his candidature was evaluated. 6. The reply of the private respondent is that he happens to be a member of both Scheduled Caste and Scheduled Tribe categories. He is a member of Koli community, which is a Scheduled Caste community in the State and also a member of Kannaura community, which is a Scheduled Tribe. He has appended with the reply the certificates of his belonging to Scheduled Tribe as well as Scheduled Caste categories. He is a member of Koli community, which is a Scheduled Caste community in the State and also a member of Kannaura community, which is a Scheduled Tribe. He has appended with the reply the certificates of his belonging to Scheduled Tribe as well as Scheduled Caste categories. As per him, there is no merit in the contention of the petitioner that respondent cannot apply for the post in issue under Scheduled Tribe category simply because earlier he had applied under the Scheduled Caste category for the post of Patwari because there is no such bar in law. 7. I have heard learned Counsel for the parties and carefully gone through the pleadings as well as documents appended with the petition. 8. The moot issue involved in this case is as to whether a person, who belongs to Scheduled Tribe as well as Scheduled Caste category, is debarred from applying for a job under the category, in which, he has earlier not applied for the government job? In other words, if a person who happens to be a Scheduled Caste as well as Scheduled Tribe in the State of Himachal Pradesh, has once applied for a government job under the Scheduled Caste category, then whether he is later barred from applying under the category of Scheduled Tribe or vice versa for another post? 9. Before proceeding further, it is relevant to mention here that there is no challenge to the fact that the private respondent belongs to both Scheduled Caste as well as Scheduled Tribe categories. Further, there is also no challenge to the fact that in the selection process, which was undertaken by the respondent-Commission, for making recruitment against the post of TGT (Non Medical), the private respondent was selected for appointment against the post under Scheduled Tribe (UR) category on merit. 10. Alongwith the writ petition, the petitioner has not appended any document from which it can be inferred that there is any legal impediment that a candidate who belongs to both Scheduled Caste as well as Scheduled Tribe category, having applied under one category earlier, cannot apply under different categories for other posts later on. 11. 10. Alongwith the writ petition, the petitioner has not appended any document from which it can be inferred that there is any legal impediment that a candidate who belongs to both Scheduled Caste as well as Scheduled Tribe category, having applied under one category earlier, cannot apply under different categories for other posts later on. 11. The private respondent has with his reply appended as Annexure R-3/D, the minutes of the proceedings of the meeting regarding status of Scheduled Caste community of the Government of Himachal Pradesh dated 24.11.2003, in terms whereof it stood approved that a Scheduled Caste community who are covered under the Constitutional Scheduled Caste order can have dual status, i.e. of Scheduled Caste as well as of Scheduled Tribe, if such a person belongs to notified community as Scheduled Tribe in the constitutional Scheduled Tribe order. 12. Chapter 20 of the Handbook on Personnel Matter (Edition 2021 issued by the Department of Personnel of the Government of Hiamchal Pradesh) deals with reservations. A perusal of this Chapter demonstrates that there is no notification of the Department of Personnel to the effect that in the event a candidate belongs to Scheduled Caste and Scheduled Tribe categories, and if such a candidate has applied earlier for a post under a category, then subsequently, he cannot apply for another job under the other category. The only rider that is contained in terms of the Department of Personnel letter dated 21.07.1982, Annexure R-3/G 20.140 of the Handbook on Personnel Matters is that a person who has availed benefit of reservation as a Scheduled Caste candidate at the time of initial appointment cannot claim the benefit of Scheduled Tribe subsequently at the time of promotion when he simultaneously belongs to both the Scheduled Caste and Scheduled Tribe categories. The decision of the Government is that any person once allowed reservation as Scheduled Caste or Scheduled Tribe, as the case may be, at the time of initial recruitment, will continue to be so throughout his service and any claim contrary to the above will be rejected. Incidentally, herein this is not the case. Herein the private respondent, even as per the petitioner, had applied for appointment against the post of Patwari, which is a post in different department under the Scheduled Caste category. Incidentally, herein this is not the case. Herein the private respondent, even as per the petitioner, had applied for appointment against the post of Patwari, which is a post in different department under the Scheduled Caste category. That being the case, there is no impediment that for the post of TGT (Non Medical) wherein there were reservations for Scheduled Tribe candidates, he could not have applied under the category of Scheduled Tribe when he simultaneously happens to be belonging to both Scheduled Caste and Scheduled Tribe categories. 13. Accordingly, in view of above discussion, as this Court finds no merit in this petition, the same being devoid of any merit, is dismissed. Pending miscellaneous application(s), if any, also stand disposed of accordingly.