JYOTI BALA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) V. K. Gupta, C. J. With the consent of learned coun sel for the parties this writ petition is being disposed of finally today itself at the motion hearing stage without it be ing formally admitted to hearing.

(2.) THE controversy involved in this writ petition is very short as well as simple.

(3.) THE undisputed facts of the case are that the petitioner, even though originally belonged to Moradabad district, married Mahavir Singh in the year 1998 and settled in the State of Uttarakhand. It is also the undisputed case of the parties that Mahavir Singh, the husband of the petitioner whom she married in 1998 belongs to and is residing in Kashipur, which even though in 1998 was a part of the State of U. P. after the reorgani zation of the State, - became a part of State of Uttarakhand. THE petitioner before her marriage belonged to a Scheduled Caste and Mahavir Singh, her husband also belongs to a Sched uled Caste. It is also the undisputed case of the parties that the petitioner after her marriage to Mahavir Singh in 1998 has been continuously living in and residing at Kashipur, which is a part of State of Uttarakhand. For ena bling her to apply and participate in the selection process in the reserved category of a woman candidate be longing to a Scheduled Caste, she sub mitted a certificate issued by the Competent Authority of her husband Mahavir Singh, but at the time of the interview it was insisted that she pro duce the certificate of her father. Since her father lives in Moradabad in the State of U. P. , the certificate issued in 1998 undoubtedly suggested that the petitioner was a resident of State of U. P.