HARYANA PUBLIC SERVICE COMMISSION Vs. SHWETA KASHYAP ANOTHER

JUDGEMENT

(1.) This intra-court appeal under Clause X of the Letters Patent is directed against the judgment and order dated 12.07.2018 passed by the learned Single Judge.

(2.) The moot question arising for consideration in this appeal is whether the respondent-petitioner who is scheduled caste in the State where she was born will be entitled to the benefit of reservation in the State where she shifts after getting married even if the caste to which she belongs falls in the same reserved category in the State of migration and she has a domicile from that State. The factual matrix in which the aforesaid question arises for our consideration in brief can be summarized as under:-

(3.) Learned Single Judge noticing the fact that she had a certificate from the State of Uttar Pradesh certifying that she belongs to Jatav caste which is a Scheduled Caste and was also recognized as a Scheduled Caste in the State of Haryana and is married to a person who also belongs to a Scheduled caste in the State of Haryana, held that she is entitled to get the benefit of reservation. It may be relevant to reproduce the observations of the learned Single Judge in this regard which formed the basis of allowing the writ petition:-