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| HC quashes selection of Assistant Engineer | | | Early Times Reporter
Jammu | July 18
Justice YP Nargotra of J&K High Court Jammu Wing today quashed the selection and appointment of Balwinder who was selected by the Public Service Commission under SC category.
This landmark judgment was pronounced today in a petition filed by Neelam Digra challenging the selection of Balwinder w/o Ravi Kant who was selected and appointed in pursuant of the notification issued by the PSC on June 1, 2005 inviting applications for 47 posts of Assistant Engineer (electrical) and private respondent was selected under the SC category.
Sr. Adv MK Bhardwaj appearing for the petitioner submitted that Balwinder legally could not have acquired the status of Scheduled Caste, so as to become entitled to compete for the post reserved for SC candidates. On the other hand Adv MU Salaria appearing for private respondent submitted that petitioner without seeking cancellation of the category certificate before the competent authority cannot be permitted to urge that she was not a SC candidate. According to the Adv Salaria private respondent possessed the SC category certificate validly issued in her favour by the competent authority, so she was legally entitled to compete as a SC candidate.
Justice Nargotra, in this approved for reporting judgment, after hearing Sr. Adv MK Bhardwaj with Adv Ajay Abrol appearing for the petitioner and S Hakim Deputy AG appearing for the State respondents, Adv FA Natnoo appearing for the PSC and Adv MU Salaria appearing for the private respondent, observed that the question arising for consideration is, whether a non-category woman in the event of her marriage with a scheduled caste person acquires the status of scheduled caste so as to become entitled to compete as a SC candidate for the post reserved for SC candidates. Referring various judgments of the Supreme Court, Justice Nargotra observed that private respondent Balwinder being born in a caste, which was not a backward class within the meaning of Article 15 (4) and 16 (4) of the Constitution of India, would not have become eligible for the benefit of reservation merely on account of her marriage with a scheduled caste person. The category certificate issued in her favour only gives recognition to her status of scheduled caste acquired by her through marriage but does not by itself confer eligibility for claming the benefit of reservation.
Court while quashing the selection/ appointment of private respondent, who was appointed Assistant Engineer (electrical), further observed that the Commission was not right in considering private respondent’s candidature under SC category. She was entitled to be considered in open merit category. Therefore, selection of private respondent Balwinder w/o Ravi Kant under SC category and her consequent appointment against the seat reserved for SC candidate cannot be legally sustained. Allowing the petition the court quashed the selection/ appointment of private respondent Balwinder with a direction to the PSC to consider the candidature of private respondent in open merit category and to pass appropriate orders, if need be, depending upon her merit obtained in that category. As regards the seat becoming available in SC category by the ouster of private respondent, the PSC shall re-consider the merit of the petitioner and other scheduled caste candidates not selected under the SC category and select the candidate next in merit for appointment with in a period of four weeks, Court ordered. JNF |
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