No citizen can be discriminated against on basis of residence: HP High Court

Shimla, July 30

No citizen can be discriminated against on the basis of his or her residence. The HP High Court held this while dealing with a petition seeking appointment on compassionate grounds.

The petitioner contended that her father was employed as a Forest Guard in the HP State Forest Development Corporation and he died while performing duty on July 16, 2020. He had rendered 21 years and six months of service.

The petitioner applied for the job of a clerk on compassionate grounds in 2021. The respondent corporation asked her to produce an income certificate and a character certificate issued by an Executive Magistrate or a Tehsildar, and a bona fide certificate. She furnished the two requisite documents but could not produce the bona fide certificate for the reason that she did not have a permanent home in Himachal. She alleged that the respondent corporation rejected her request for a job on June 7, 2023, on the ground that the documents submitted by her were not as per the policy for compassionate appointment. Feeling aggrieved, she moved the HC.

While allowing the petition, a Division Bench comprising Chief Justice MS Ramachandra Rao and Justice Ajay Mohan Goel observed that “as per the Constitution, no citizen can be discriminated against on the basis of his or her residence. The law does not compel a man to do what is not possible for him to perform. So, insisting that the petitioner produces such a certificate when it is undisputed that she is an Indian citizen and daughter of the deceased employee cannot be countenanced.”

The court directed the corporation to provide employment to the petitioner on compassionate grounds within four weeks and also pay her Rs 10,000 as costs. The court passed the order on a petition filed by Sandeep Kaur, a resident of Bharatgarh in Ropar district (Punjab).