REGENT COMPUTRONICS PVT. LTD.

Bina Devi Sharma Appellant

V/S

STATE OF SIKKIM Respondents

Referred Judgements :-

ASHOK KUMAR THAKUR V. STATE OF BIHAR AND ORS. MANU/SC/0011/1996 [REFERRED TO]
HIRO DEVI VS. DISTRICT BOARD SHAHJAHANPUR [REFERRED TO]
K C VASANTH KUMAR VS. STATE OF KARNATAKA [REFERRED TO]
OM PRAKASH SHUKLA VS. AKHILESH KUMAR SHUKLA [REFERRED TO]
F S GANDHI VS. COMMISSIONER OF WEALTH TAX ALLAHABAD [REFERRED TO]
MOHAN KUMAR SINGHANIA MAHESH D PATHAK NITIN D WAKANKAR NAVNEET GOEL S VENKATESWAR DINESH KUMAR SINGH ROHIT CHOUDHARY ANIL KANT R MANJUNATHASWAMY ARUN KUMAR RAY VS. UNION OF INDIA [REFERRED TO]
INDRA SAWHNEY VS. UNION OF INDIA [REFERRED TO]
INDRA SAWHNEY VS. UNION OF INDIA [REFERRED TO]
KUMARI MADHURI PATIL VS. ADDITIONAL COMMISSIONER TRIBAL DEVELOPMENT [REFERRED TO]
MADANLAL VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]
ASHOKA KUMAR THAKUR VS. STATE OF BIHAR [REFERRED TO]
ASHOKA KUMAR THAKUR VS. STATE OF BIHAR [REFERRED TO]
STATE OF TAMIL NADU VS. A GURUSAMY [REFERRED TO]
INDIRA SAWHNEY VS. UNION OF INDIA [REFERRED TO]
INDIRA SAWHNEY VS. UNION OF INDIA [REFERRED TO]
S R CHAUDHARY VS. STATE OF PUNJAB [REFERRED TO]
CHANDRA PRAKASH TIWARI VS. SHAKUNTALA SHUKLA [REFERRED TO]
INDIAN NATIONAL CONGRESS I VS. INSTITUTE OF SOCIAL WELFARE [REFERRED TO]
SUPTDT OF POST OFFICES VS. R VALASINA BABU [REFERRED TO]
TRIVEDI HIMANSHU GHANSHYAMBHAI VS. AHMEDABAD MUNICIPAL CORPORATION [REFERRED TO]
DHANANJAY MALIK VS. STATE OF UTTARANCHAL [REFERRED TO]
ASHOKA KUMAR THAKUR VS. UNION OF INDIA [REFERRED TO]
REGIONAL MANAGER CENTRAL BANK OF INDIA VS. MADHULIKA GURUPRASAD DAHIR [REFERRED TO]
EDUKANTI KISTAMMA VS. S VENKATAREDDY [REFERRED TO]

JUDGEMENT

(1.) I . The Pivotal Questions The pivotal questions that arise for consideration in these Writ Petitions are

(2.) THE Writ Petitions No. 28 of 2009 filed by Ms. Bina Devi Sharma and No. 16 of 2009 filed by Khemraj Bhattarai are inter -connected and they are related to:

(3.) MS . Onissa Dechhen Gurung, the petitioner in W.P.(C) No. 2 of 2010 obtained a MBC Certificate from the office of the Block Development Officer, Soreng, West Sikkim on 23.11.2007. On the strength of the Certificate, she applied for the post of Junior Grade in Sikkim State Civil Service, got selected and appointed to the said post reserved for MBC (W) category by the Department of Personnel, Adm. Reforms and Training, Government of Sikkim by proceedings dated 03.11.2008. But one Kumari Baby Mukhia made a complaint before the District Collector, West, questioning the MBC Certificate issued to Ms. Onissa Dechhen Gurung by the Block Development Officer, Soreng, contending that the latter belongs to creamy layer as her father was a Class I Officer in the Government of Sikkim. The District Magistrate, after due enquiry, by proceedings dated 13.01.2010, cancelled the MBC Certificate dated 23.11.2007 issued to Ms. Onissa Dechhen Gurung by the Block Development Officer holding that she belongs to creamy layer as her father was working as the Principal Chief Engineer -cum -Secretary to Government of Sikkim. She is thus excluded from the Most Backward Class, as per the Notification dated 05.12.2003 of the Government of Sikkim read with the clarification dated 14.10.2004 issued by the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions, Government of India.

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BINA DEVI SHARMA Vs. STATE OF SIKKIM

Referred Judgements :-

JUDGEMENT

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