JYOTSANA Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) These two applications are filed seeking review of the common order passed by a Division Bench of this Court, in Writ Petition (S/B) No. 84 of 2009 and Writ Petition (S/B) No. 46 of 2009 dated 29.10.2010.

(2.) The review applicant herein is the petitioner in Writ Petition (S/B) No. 46 of 2009, and the petitioner in Writ Petition (S/B) No. 84 of 2009 is the third respondent in Writ Petition (S/B) No. 46 of 2009. Parties shall, hereinafter, be referred to as they are arrayed in Writ Petition (S/B) No.46 of 2009. Both these persons, belonging to the Scheduled Caste category, applied for the post of Civil Judge (Junior Division) and, pursuant to a process of selection, both of them were found to have secured equal marks. Since the third respondent was older in age, than the petitioner, she was appointed as a Civil Judge (Junior Division) pursuant to an interim order passed by this Court in Writ Petition (S/B) No. 84 of 2009, wherein a direction was also given to the officials concerned to issue a caste certificate in favour of the third respondent.

(3.) The review applicant herein questioned the caste status of the third respondent, in Writ Petition (S/B) No. 46 of 2009, contending that, since she was a domicile of the State of Uttar Pradesh, her Scheduled Caste status, in the State of Uttar Pradesh, would not automatically result in her claiming Scheduled Caste status in the State of Uttarakhand, since a separate list of Scheduled Castes for the State of Uttarakhand was stipulated in terms of the Uttar Pradesh Reorganization Act, 2000. The third respondent, in Writ Petition (S/B) No. 46 of 2009, belongs to the "Jatav" caste, which is reflected in the list of Scheduled Castes both in the State of Uttar Pradesh and in the State of Uttarakhand.