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2024 DIGILAW 1030 (PNJ)

Sonam Verma v. State of Punjab

2024-07-11

HARSIMRAN SINGH SETHI

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JUDGMENT : HARSIMRAN SINGH SETHI, J. 1. By this common order, six writ petitions, the details of which have been given in the heading, are being disposed of as all the petitions involve the same question of law on similar facts. 2. In the present writ petitions, the grievance being raised by the petitioners is that though the petitioners belong to the reserved category and to support the same, the petitioners have already produced the required certificate issued by the competent authority within the State of Punjab but by wrongly applying the instructions of the Government of Punjab dated 17.01.1996, the claim of the petitioners is not being considered in the reserved category. 3. Learned counsel for the petitioners argues that in case a reserved category candidate migrates to another State and in the migrated State also, the caste of the said candidate has been included in the reserved category and furthermore the migrated State has also issued a certificate recognizing the fact that the candidate belongs to a particular reserved category, then the certificate issued by the migrated State cannot be overlooked so as to deny the reservation in favour of the candidates. 4. Learned counsel for the petitioners submits that in CWP No. 8462 of 2019, the petitioners belonged to the reserved category of backward class. 5. As per the petitioners, after the marriage, petitioners migrated to the State of Punjab and applied for a certificate from the competent authority as the caste of the petitioners was included in the reserved category of backward class and after verifying all the facts, all the petitioners were given the certificates acknowledging them to be the member of the backward class, which certificates were duly appended along with the application form but now, the claim of the petitioners in the reserved category is not being considered on the ground that the petitioners have migrated to Punjab from the another State. 6. Learned State counsel has placed reliance upon the instructions of the Government of Punjab dated 17.01.1996 to contend that the benefit of reservation cannot be given to a candidate who has migrated from another State and therefore, as all the petitioners have migrated from the other State to the State of Punjab, they are not entitled for the benefit as being claimed by them in the present petitions. 7. 7. I have heard learned counsel for the parties and have gone through the record with their able assistance. 8. As per the settled principle of law, if a particular caste is included in any of the reserved category in any of the State, the benefit is to be given to the candidate only in the said State. In case, the said candidate migrates to another State, he/she has to obtain a fresh certificate from the competent authority in case the said caste is also part of the reserved category in the migrated State. But in case in the migrated State, the caste of a candidate is not included in any of the reserved category, no benefit can be given to such kind of candidates. 9. In the present case, the petitioners’ caste has been included in the reserved category of backward class in a State from where they migrated as well as in the State of Punjab. It is also a conceded fact that the competent authority in the State of Punjab has also acknowledged the fact that the petitioners belonged to the reserved category of backward class and has issued such certificates in their favour. That being so, such certificate issued by the State of Punjab in favour of the candidates recognizing them to be a member of a particular reserved category, cannot be ignored by the respondents while evaluating the claim of the petitioners for selection/appointment qua the posts advertised to be filled within the State of Punjab. 10. The interpretation of the instructions dated 17.01.1996 by the respondents is incorrect. Only the candidates, whose caste is not included in any reserved category in the State of Punjab, they can only be denied benefit on the basis of the reserved category certificate issued in their favour by a State from where they have migrated to the State of Punjab. 11. The instructions dated 17.01.1996 cannot be applied upon a candidate, who has been issued a valid certificate acknowledging the said candidate belonging to a particular reserved category by the competent authority within the State of Punjab. 12. 11. The instructions dated 17.01.1996 cannot be applied upon a candidate, who has been issued a valid certificate acknowledging the said candidate belonging to a particular reserved category by the competent authority within the State of Punjab. 12. Hence, the respondents are directed that any candidate who has produced a relevant certificate showing him/her belonging to a particular reserved category issued by the competent authority of the State of Punjab, in case attached along with the application form, the same be treated as a valid certificate for the grant of benefit under the said reserved category. 13. Let the claim of all the petitioners be considered in light of the observations made in the present order and in case, they qualified to be treated as eligible and fulfills the requirement of the advertisement, appropriate consideration be given to their claim in accordance with law keeping in view the merit obtained by them. Let the said consideration be finalized within a period of four weeks of the receipt of copy of this order. 14. The present writ petitions are disposed of in above terms. A photocopy of this order be placed on the file of other connected cases.