PRATIKSHA KUMARI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The grievance of the petitioner inter-alia is that order Annexure P-5, which holds that by virtue of marriage of the petitioner herein, who was of OBC category, in the family of general class, her reservation in the OBC category stands forfeited, and vide Annexure P-3, consequent action taken by the State cancelling certificate Annexure P1 are unconstitutional and void.

(2.) I am not going into the other aspects of the case as the primary point which is urged before me is that the petitioner belongs to the OBC category and this fact is acknowledged and accepted vide Annexure P-1. This certificate has been issued by the Executive Magistrate (Tehsildar), Bhoranj declaring her to be Other Backward Class. Vide Annexure P-3, the respondents had cancelled her OBC certificate by holding:

(3.) It is undisputed before me that this case is squarely covered by the decision of the Division Bench of this Court in CWP No. 5744 of 2010, titled Meena Devi vs. Himachal Pradesh State Subordinate Services Selection Board decided on 9.8.2011 holding: