Punjab-Haryana High Court
Harinder Singh vs Punjab State Power Corporation Limited ... on 20 March, 2012
Author: Surya Kant
Bench: Surya Kant
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Civil Writ Petition No.5105 of 2012
Date of Decision: March 20, 2012
Harinder Singh
..... PETITIONER(S)
VERSUS
Punjab State Power Corporation Limited & others
..... RESPONDENT(S)
. . .
CORAM: HON'BLE MR. JUSTICE SURYA KANT
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1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
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PRESENT: - Mr. S.K. Gupta, Advocate, for the petitioner.
. . .
Surya Kant, J (Oral)
1. The petitioner belongs to the reserved category of Scheduled Caste (Mazbi and Balmiki). He applied and competed for the post of Lineman. It appears that due to inadvertent mistake, he described his reservation category as SC (Mazbi Balmiki - SP) i.e. Sports person. As a result thereto, the respondents have not considered him in the reserved category of SC (Mazbi and Balmiki).
2. Petitioner's grievance is that candidates lower in CWP No.5105 of 2012 [2] merit in the reserved category to which he belongs have been selected and given appointment(s) but his claim has been overlooked only because in the application form he inadvertently claimed himself to be a Scheduled Caste (Mazbi and Balmiki - S.P.).
3. I have heard learned counsel for the petitioner and gone through the record.
4. I am of the considered view that the benefit of additional reservation, if any meant for sports person belonging to SC (Mazbi/Balmiki) category even inadvertently claimed by the petitioner per se cannot be a valid ground for not considering him in the reserved category of Scheduled Caste (Mazbi and Balmiki) to which he actually belongs.
5. Suffice to observe that the reservation claimed by a candidate needs to be determined on the basis of certificate relied upon him him/her issued by the competent prescribed authority.
6. This petition is disposed of at this stage with a direction to the respondents to verify the reservation certificate relied upon by the petitioner and if it is found that he actually belongs to Scheduled Caste (Mazbi and Balmiki), he shall have to be treated in that category and rest of the consequences shall follow. Needful be done within a period of three months from the date of receipt of certified copy of this order.
(Surya Kant)
March 20, 2012 Judge
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