Madhya Pradesh High Court
Lalita Swarnkar vs The State Of Madhya Pradesh on 10 November, 2021
Author: Vivek Rusia
Bench: Vivek Rusia
1 WP-24224-2021
The High Court Of Madhya Pradesh
WP No. 24224 of 2021
(LALITA SWARNKAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Indore, Dated : 10-11-2021
Shri Vishal Patidar, learned counsel for the Petitioner.
Shri Ranjeet Sen, learned Panel Lawyer for the respondent/State.
Petitioner has filed the present petition under Article 226 of the Constitution of India seeking direction to the respondents to give a joining by virtue of her selection through High School Teacher Eligibility Test, 2018.
The petitioner born and brought up in the State of Rajasthan. The Caste which she belongs, is in the list of OBC in the State of Rajasthan accordingly, she has obtained the caste certificate from the competent authority at Rajasthan. Thereafter, petitioner was married in the State of Madhya Pradesh and obtained a domicile certificate. The respondents conducted the High School Teacher Eligibility test 2018, in which petitioner secured rank of 643 in the category OBC/ Nil and by virtue of said ranking, she was called to submit documents pertaining to the cast, and qualification etc. Admittedly, the petitioner is having a cast certificate of the State of Rajasthan and she is not entitled to get the benefit of said cast certificate in the State services. In view of the law laid down by the Hon'ble Apex Court in the case of Action Committee On issue of Caste Certificate to Scheduled Castes and Scheduled Tribes in the State of Maharashtra and Another Vs. Union of India and Another (1994) 5 SCC 244, a person belonging to SC / ST in relation to his original State of which he is permanent or ordinary Signature Not VerifiedDigitally signed by SAN resident cannot be deemed to be so in relation to any other State on REENA JOSEPH Date: 2021.11.11 10:57:07 IST 2 WP-24224-2021 his migration to that State for the purpose of employment, education etc. However, the candidature of the petitioner can be considered under the 'unreserved category women' on the basis of her rank. If the petitioner is not entitled in the OBC category, let her claim be considered in accordance with her ranking in the merit list.
Petition stands disposed of.
(VIVEK RUSIA)
JUDGE
RJ
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN REENA JOSEPH
Date: 2021.11.11
10:57:07 IST