Border no bar: Punjab and Haryana High Court affirms quota benefits for reserved category migrant candidates

Saurabh Malik

Chandigarh, July 17

The Punjab and Haryana High Court has made it clear that inter-state migration will not deprive a candidate of employment quota, provided his caste is included in the reserved category in both the states.

The ruling came in response to a bunch of petitions alleging non-consideration of quota claims by Punjab on the ground that the petitioner-candidates had migrated from another state.

FINALISE REASSESSMENT IN 4 WEEKS

• The court ordered that any candidate with a valid reserved category certificate issued by Punjab’s competent authority should be granted employment quota benefits
• It also directed the state to reassess the petitioners’ applications, treating their reserved category certificates from Punjab as valid, and to finalise the reassessment within four weeks

Taking up the matters, Justice Harsimran Singh Sethi ruled that candidates issued valid reserved category certificates by competent authority in Punjab after they migrated to the state were required to be considered under the reserved category for employment purposes.

Justice Sethi clarified that 1996 instructions issued by the Punjab Government denying reservation benefits in certain matters was inapplicable as long as the candidate’s caste was included in the reserved category in the state of origin and Punjab.

The bench also directed the state and other respondents to reassess the petitioners’ applications, treating their reserved category certificates from Punjab as valid, and to finalise the reassessment within four weeks.

Appearing before Justice Sethi’s Bench in one of the matters, advocate Kapil Kakkar and Shreesh Kakkar submitted during the course of hearing that the petitioners belonging to the reserved category migrated to Punjab after marriage.

They were issued certificates “acknowledging them to be the member of the backward class”. But their claim was not being considered on the ground that they migrated to Punjab from another state, though the certificates were appended with the application forms.

Referring to the facts of the case, Justice Sethi asserted the petitioners’ caste was included in the reserved category of backward class in both the states of origin and migration. It was accepted that competent authority in Punjab had recognised the petitioners as belonging to the reserved category before issuing certificates.

Justice Sethi ruled: “Such certificate issued by the state of Punjab in favour of the candidates recognising them to be a member of a particular reserved category, can’t be ignored by the respondents while evaluating the claim of the petitioners for selection/appointment qua the posts advertised to be filled within the state of Punjab.”

Justice Sethi added the respondents’ interpretation of the instructions dated January 1996 was incorrect. Candidates with castes not included in the reserved category in Punjab could be denied the benefits based on reserved category certificate issued by the parent state. The instructions could not be applied to candidates issued a valid certificate by the competent authority in Punjab.

Before parting, Justice Sethi directed that any candidate with a valid reserved category certificate issued by Punjab’s competent authority, attached to the application form, should be granted the benefits of the reserved category.