Kumari Arti vs Chairman, H.P. Subordinate Service Selection Board and Another

Kurian Joseph, C.J.—This application is for recalling judgment dated 5th March, 2010 at the instance of Writ Petition. The Writ Petition was an applicant for selection to the post of TGT (Arts). Without prejudice to the contentions of the Petitioner, this Court permitted the Petitioner to participate in the interview. The marks were produced before us. We were informed that the Petitioner had only secured 123 marks in place of required 127 marks. Therefore, without expressing any opinion on the merits of the case, the Writ Petition was dismissed.

We are now informed and shown also that the Petitioner belongs to OBC category and in which case she needs only to secure 123 marks. That aspect of the matter is to be gone on merits. Therefore, we allow this miscellaneous petition and judgment dated 5th March, 2010 is recalled.

The prayer is for considering the Petitioner as duly qualified for the purpose of appointment as TGT (Arts) against OBC or general category. It is seen that the Petitioner had been subject to selection process pursuant to interim order passed by this Court and she has secured 123 marks. According to the Petitioner, since she belongs to OBC category by birth, she needs only to secure 123 marks. It appears in the application the Petitioner claims Scheduled caste status on the ground that she has been married to scheduled caste person. It is now settled law that scheduled caste status cannot be acquired by marriage. However, in case the Petitioner is an OBC by birth is entitled to be considered against OBC quota. We have already decided in judgment in CWP No. 3912 of 2009, Joginder Kumar v. State of Himachal Pradesh and othersthat the applicants for TGT (Arts) should be treated as eligible applicants in terms of qualification they possess with reference to the date of application. In that view of the matter, this Writ Petition is disposed of directing the Respondents to consider the Petitioner also in the light of the judgment referred to above and in the light of the stand taken by the Petitioner that she belongs to OBC category, on the basis of certificate produced by her at the time of interview. It will also be open to the Petitioner to produce another copy of OBC certificate before the first Respondent. The needful in this regard shall be done within one month from the date of production of a copy of this judgment.

The Writ Petition is disposed of, so also the pending application.