STATE OF HIMACHAL PRADESH Vs. NAVEEN KUMARI

JUDGEMENT

(1.) Through, the extant petition, the verdict made by this Court on 22/2/2021, upon, Civil Writ Petition No. 5951 of 2020, titled as Naveen Kumari vs. State of Himachal Pradesh and others, is attempted to be reviewed.

(2.) The parental caste of the writ petitioner is 'Megh'. She was born in the State of Punjab. In the State of Punjab, 'Megh' caste is notified to be a Scheduled Caste. The writ petitioner after solemnising marriage in Himachal Pradesh, hence migrated to the State of H.P., from the State of Punjab. Her husband's caste is also 'Megh', and, it is also notified as a scheduled caste, insofar as the State of Himachal Pradesh is concerned. Consequently, since, the imperative necessity, carried in the latter No. EDN-C-B(15) 10/2012, inasmuch as, the writ petitioner, upon her migration, on her marriage, in Himachal Pradesh, rather becoming barred to avail the apposite facility, for all requisite purposes, and, as appertain to 'Megh' caste, though also notified, as a scheduled caste in Himachal Pradesh, rather became declared ultra vires, and, also unconstitutional, through, the verdict under review. However, in view of the verdict made by the Hon'ble Apex Court in Civil Appeal No(s). 4864 of 2021, titled as Pankaj Kumar vs. State of Jharkhand and others, wherein the Hon'ble Apex Court after bearing in mind the verdicts made by the Hon'ble Apex, Court in a case titled as Marri Chandra Shekhar Rao vs. Dean, Seth G.S. Medical College and others, reported in 1990(3) SCC 130, and, also upon its placing reliance, upon, a verdict made in case titled as Action Committee on Issue of Caste Certificate to Scheduled Castes and Scheduled Tribes in the State of Maharashtra and Anr. vs. Union of India and others, reported in 1994(5)SCC 244, besides upon its placing reliance, upon, a verdict of the Hon'ble Apex Court, rendered in a case titled, as Bir Singh vs. Delhi Jal Board and others, reported in 2018(1) SCC 312, rather thereins i.e. Pankaj Kumar's case (supra), the Hon'ble Apex Court in relevant para 41 thereof, para whereof stands extracted hereinafter, has made the following expostulations:-

(3.) Though, upon, marriage the spouse concerned, rather involuntarily migrated to the State where her husband resides, and, does hence for hers involuntarily through compulsion of marriage, migrating to the State of her husband, tentatively becomes entitled to the benefits of reservation. However, in Pankaj Kumar's case (supra), the Hon'ble Apex Court, did not, examine the issue of voluntarily or involuntarily migration of the members of Scheduled Castes/Scheduled Tribes/OBC, from one State to another, and theirs claiming privileges and benefits admissible to the members of Scheduled Castes/Scheduled Tribes/OBC, even though in the migratee State, there is a caste or tribe of the same nomenclature, as in the State of origin of the persons concerned.