ANURADHIKA Vs. STATE OF H.P.

JUDGEMENT

(1.) ADVERTISEMENT was issued by respondent No. 3 for filling up posts of Clerks on 15.9.2012. The petitioner belongs to 'Jhiwar' caste of the OBC category. She has obtained the OBC certificate on 9.8.2010. The petitioner qualified the written test held on 22.7.2013. She was called for interview on 29.1.2014. Her candidature was rejected vide annexure P -9 dated 20.2.2014 only on the ground that she could not produce the latest OBC certificate. The fact of the matter is that the petitioner belongs to OBC category. She married in forward/advanced class. She submitted an application for issuance of OBC certificate to respondent No. 4. Respondent No. 4 returned the application.

(2.) THE reply stands filed. The principal stand of the respondents is that the petitioner has failed to produce the OBC certificate at the time of interview and once she has married to a forward/advanced class, she could not be issued OBC certificate. The fact of the matter is that the petitioner was born in OBC family. She has suffered all the handicaps of person belonging to OBC category. She obtained OBC certificate on 9.8.2010. It expired on 8.8.2012. The brother of the petitioner has also been issued OBC certificate. The legal question involved in this petition is whether a person who is having OBC status by birth, can her right as OBC be taken away because of her marriage in the advanced family?

(3.) THE Division Bench of this Court in the case of Meena Devi vrs. Himachal Pradesh State Subordinate Services Selection Board, decided on 9.8.2011, has held as under: