JYOTSANA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE issue involved for consideration in this case is very peculiar as well as it is important and interesting. The facts are equally peculiar and interesting. In the ultimate analyses, how would the relief be moulded is also very peculiar as well as important. Facts first:

(2.) THE petitioner originally belonged to the State of U.P.. After creation of the State of Uttarakhand, by virtue of cadre bifurcation in terms of U.P. Reorganization Act, 2000, the petitioner's father was allocated to the Uttarakhand Cadre. At the relevant time he was posted and serving as District Judge, Bageshwar. Since the petitioner was residing in Bageshwar town alongwith her father, on 14th June 2002 the Competent Authority issued a caste certificate in her favour certifying that she belonged to Scheduled Caste. It is the undisputed case of the parties before us that the petitioner does belong to Jatav Caste, which undoubtedly is a Scheduled Caste in the State of Uttarakhand as well as in the State of U.P.

(3.) DESPITE the fact that petitioner's name had appeared at serial No. 17 in the select list and vacancies were available but she not having been appointed by the State Govt., she filed Writ Petition No. 44 of 2009 in this Court, in which the following prayers were made: