Cannot deny quota if person is married in upper caste: HC
Shimla: The Himachal Pradesh High Court on Friday ruled that reservation benefits for underprivileged classes cannot be denied if a person is married in upper caste.
A division bench of Chief Justice Mansoor Ahmed Mir and Justice Trilok Singh Chauhan slapped a fine of Rs 2 lakh on respondents for not issuing OBC (Other Backward Classes) certificate to the petitioner who belonged to OBC category.
The bench observed, "For the last five years the petitioner (Neetu) has been dragged from pillar to post by the respondents without any reason."
"The only fault of the petitioner is that she was born in a reserved?category and married in an upper caste family."
The court ordered that out of the total costs imposed, Rs 50,000 should be recovered from the Sub-Divisional Magistrate of Mandi, who denied her the certificate and an equal amount from the chairman of the Himachal Pradesh Public Service Commission.
The petitioner had cleared the examination for the post of lecturer (college cadre) Class-I conducted by the State Public Service Commission.
She appeared in the interview on August 28, 2009, but was asked to produce the latest OBC certificate.
However, she was denied the certificate because she got married into an upper?class Rajput family.
During the trial, she was issued the certificate.
The bench also directed the government to give the petitioner?seniority according to merit from the date other people have been appointed but without monetary benefits.
Of the total costs imposed, Rs one lakh is to be paid to the petitioner and the remainder to be deposited with the state High Court Bar Association Welfare fund.
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