Amrit Kaur vs State of Punjab and Others

Augustine George Masih, J.—Petitioner has approached this Court claiming the appointment to the post of Assistant Librarian (Non-teaching Staff) for which post the petitioner had applied in pursuance to an advertisement issued by the respondents. It is asserted by the counsel for the petitioner that the name of the petitioner figured at serial No. 50 in the merit list prepared for the scheduled caste category. She had obtained 53.5 marks. Petitioner appeared for scrutiny of the documents and the scrutiny form also indicated that scheduled caste certificates were shown by the petitioner which were duly accepted by the respondents. At the time of the declaration of the final result, name of the petitioner was shown in the general category at serial No. 199 whereas she was entitled to be considered under the scheduled caste category for which post and category she had already been selected and placed at serial No. 50. Persons who were lower in the merits in the scheduled caste category have been appointed. Petitioner, thereafter, submitted a representation dated 29.06.2011 (Annexure P-8) to the Chairman Selection Committee, Office of Director Public Instructions (S) Punjab-respondent No. 3 highlighting the claim of the petitioner against the scheduled caste category; she being a scheduled caste as she belongs to Adharmi caste. When no reasons were assigned for considering the petitioner as a general category candidate, petitioner approached this Court by filing the present writ petition challenging the action of the respondents.

Reply to the petition has been filed by the respondents according to which the claim of the petitioner for appointment to the post of Assistant Librarian under the scheduled caste category had not been considered as the scheduled caste category certificate which was produced by the petitioner depicted the husband''s name instead of her father''s name which according to the respondents was not in consonance with the requirements of the instructions and, therefore, her candidature was considered under the general category.

Counsel for the petitioner submits that the action of the respondents in not considering the petitioner as scheduled caste category is not sustainable as no show cause notice was issued to the petitioner nor any explanation was sought from her. Petitioner was born adharmi as her father belonged to the same caste. This she states on the basis of the certificate dated 09.07.1990 (Annexure P-1) issued by the Sub Divisional Officer, Dasuya which was issued to the petitioner when she was unmarried. It is apparent from the said certificate that the petitioner is a scheduled caste belonging to Adharmi caste. The certificate produced by the petitioner at the time of submitting the application form and at the time of the counseling was the one which was subsequently issued to her on her marriage to Charanjit Singh who also belongs to scheduled caste category. He further states that on the date when the second certificate was issued to the petitioner, the father of the petitioner had already expired and, therefore, the name of the husband of the petitioner figured in the scheduled caste certificate. He contends that once a person had been declared scheduled caste then the caste of the concerned person would not change even if marriage takes place with a person who is of a higher caste. But in the present case, petitioner had been married to another scheduled caste person and, therefore, there can be no doubt. He on the basis contends that action of respondents rejecting the candidature of the petitioner as scheduled caste category candidate cannot sustain.

On the other hand, counsel for the respondents submits that the scheduled caste certificate which was produced by the petitioner was not in consonance with the requirements specified under the instructions as the said certificate was required to contain the name of the father instead of the name of husband. The rejection of the candidature of the petitioner is, therefore, in consonance with the instructions and, therefore, the claim as made by the petitioner cannot be accepted.

I have considered the submissions made by counsel for the parties and with their assistance, have gone through the record of the case.

It is an admitted fact that the petitioner applied under the scheduled caste category in pursuance to the advertisement issued by the respondents for filling up 316 post of Assistant Librarian out of which 64 posts were meant for scheduled caste category. Along with her application, she attached the certificate where the name of the husband figured. At the time of the counselling, the said certificates when produced by the petitioner was not objected to by the respondents. In the light of the merit which was prepared by the respondents her name figured at serial No. 50 in the scheduled caste category. Ultimately, when final result was declared petitioner was treated as general category candidate and was given merit at serial No. 199.

This action of the respondents cannot be accepted firstly, for the reason that no opportunity was granted to the petitioner to explain the position with regard to her belonging to the scheduled caste category especially when no objection was taken at the time of scrutiny of the documents. Further, it has been admitted by the respondents that the certificate dated 09.07.1970 (Annexure P-l) issued by the Sub Divisional Officer, Dasuya to the petitioner is valid, which depicted the petitioner to be of Adharmi caste and in the said certificate name of the father also figures and it is stated therein that the petitioner and her family ordinarily reside(s) in Adarsh Nagar, Mukerian of District Hoshiarpur of the State of Punjab and belong to Adharmi caste which is recognised under the scheduled caste category under the Constitution (Scheduled Castes) Order 1950. This shows beyond doubt that the petitioner actually belongs to Adharmi caste. That apart, petitioner is married to a person who also belongs to Adharmi caste. The assertions of the respondents thus that the petitioner does not belong to scheduled caste or the certificate submitted by the petitioner is not in accordance with the statutory rules/instructions, cannot be accepted. The caste of the person does not change with the change in matrimonial status even if a person marries another person who is of a higher caste.

In the light of the above, the action of the respondents treating the petitioner under the general category whereas she belongs to the scheduled caste category cannot be accepted. The writ petition is allowed. Directions are issued to consider the candidature of the petitioner under the scheduled caste category. On such consideration in case the petitioner is found to be in merit; appointment letter be issued to the petitioner within a period of one month from the date of receipt of certified copy of the order. Petitioner shall be entitled to all consequential benefits except monetary benefits.