Want to file writ petition vs state of punjab :obc sc quota


I want to file writ petition in H'able Punjab & Haryana High Court, Chandigarh in the following matter:

Punjab Education Recruitment Board has invited applications for recruitment of Primary Teachers in Punjab.The notification is in Punjabi( Link here). A part of notification regarding reservation rules is as below:
Only those candidates: who are born in Punjab and Whose Parents are permanent residents of Punjab before candidate's birth, are eligible for OBC/SC quota in the state of Punjab.
Even if his/her caste is listed under OBC/SC list of Punjab , the candidate is not eligible for SC/OBC quota if he/she is not born in Punjab and his/her father is not a Permanent resident of Punjab.

This notification is against the decision of H'ble Supreme Court of India in the case mentioned below. In this case students were RESIDENTS of UT but there state of Origin was different. and they were allowed quota. 


CIVIL APPEAL NOS. 10829-10830 OF 2010

PUDUCHERRY S.C. PEOPLE WELFARE

Vs

CHIEF SECRETARY TO GOVT,UNION TERRITORY OF PONDICHERY

The judgement was given H'able R.M. LODHA, C.J.I. on AUGUST 7, 2014

In His judgement, Respected CJI quoted
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The Government Orders, however, have confined reservation benefits to Scheduled Castes origins of the Union Territory of Pondicherry. It would be seen that the Presidential Order does not speak of “origins” of the Union Territory of Pondicherry, it only speaks of “resident”.

The interpretation of “resident” in the Presidential Order as “of origin” amounts to altering the Presidential Order. Thus, we find that the impugned Government Orders - G.O.M. 11/2005 and G.O.M. 12/2005 - not being in conformity and consonance with the Presidential Order, 1964 cannot be sustained in law and have to be set aside. We order accordingly."
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Back to our case here in Punjab, the Recruitment Board of Punjab is again doing the same. they are replacing the word Residents with Origins  and not allowing the women candidates(whose state of origin is other than Punjab but after marriage they settled in Punjab) to apply under OBC/ST quota even if their caste is listed under SC/OBC list of Punjab State.

Should I go ahread with the writ petition?
 

 
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Advocate

Certinly you can , as already advised in an earlier posting.

 
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CEO

Yesterday, in a similar case I  advised a woman client to file a Writ of Mandamus challenging the skewed reservation policicy of Punjab and RajasthanGovernment  in applying OBC quota to P&H teacher posts conducted by P&H Public Service commission. File a writ against the  concerned Government and P&H PSC P& H  seeking directionns to be issued to sdstate Government and its public Service commision to l;ook into your candidature of SC status given to  you by Punjab Government as well and cite the  favourable decision as above in  your case for winning  the writ on the ground of violating Art,14,15, !9 and 21(Right to Life and Personal Liberty) Right to life includes riht to livellihood also.

 
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Unless you have passed at least class ten with Punjabi as a subject, your efforts, time and money may practically go waste.

 

The rights in Part III are not absolute, besides many points of law, there is also a question of intelligible differentia, the rights of the State of Punjab, the rights of livelihood of local native people of Punjab, the level of local unemployment in Punjab, which Punjab Government is Constitutionally duty bound to help.

 

Black's Law Dictionary 9th Edition -

 

Nation -  A large group of people having a common origin, language, and tradition and usually constituting a political entity. When a nation is coincident with a state, the term nation-state is often used. Also termed nationality.

 

"The nearest we can get to a definition is to say that a nation is a group of people bound together by common history, common sentiment and traditions, and, usually (though not always. as, for example, Belgium or Switzerland) by common heritage. A state, on the other hand, is a society of men united under one government. These two forms of society are not necessarily coincident.  A single nation may be divided into several states, and conversely a single state may comprise several nations or parts of nations." John Salmond, Jurisprudence 136 (Glanville  L Williams ed.,  10th  ed.  1947).

 

Above clearly tells though we are a "Nation State"(a political and non natural entity) composed of numerous nations(States) as foundational units, we are not a natural nation in any real sense. This fact has also been acknowledged by Article 1 of the Constitution of India.

 

“There is no nation of Indians in the real sense of the world, it is yet to be created. In believing we are a nation, we are cherishing a great delusion. How can people divided into thousand of castes be a nation? The sooner we realise that we are not yet a nation, in a social and psychological sense of the world, the better for us.” - Dr. B. R. Ambedkar

 
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Thanks for the response Sir,
I have passed class 10th with Punjab as a subject. I also have all other qualifications. I am eligible to apply under Genral Quota. 

The Presidential Order regarding SC/SC act is exactly same for the punjab. Only thing changed the word UT of Pondicherry is replaced by State of Punjab.

Another question is: In almost all other vacancies they have never applied such conditions that a candidate must be born in punjab to get quota. there are other recruitments going on but this condition is on only Primary teachers Vacancy. 

In an exactly similar case, THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR directed State of Rajasthan to allow married women to apply under SC/OBC quota even if they are born outside Rajsathan and migrated to Rajasthan after marriage. 

Decision in that case is as under:
***************

Date of order : March 6, 2014.
“This Court is dealing with the question about married woman who have now permanently settled in the State of Rajasthan for all times to come and they can be said to be permanent residents of the State of Rajasthan for all practical purposes. It is as such not in dispute that the petitioners are now permanently residing in the State of Rajasthan as certain documentary evidence is also placed on record in this behalf and in many cases even their names have also been enrolled in the Voters' List, therefore, it cannot be said that simply because they have settled in the State of Rajasthan by virtue of their marriage, they cannot be said to be permanent residents of the State of Rajasthan. However, it is no doubt true that simply by way of migration or transfer from one State to other, a person cannot get the benefit of reservation, which he might be getting in his/her parental State. However, in the case of a married lady, if she was treated in a particular reserved category before her marriage and her caste or tribe is treated to be in the reserved category even in the State where she has migrated by virtue of her marriage, there is no reason to deny her the benefit of reservation. Considering the said aspect, it can be said that the petitioners are qualified to be considered in their respective reserved category (SC/ST/OBC) on the basis of the certificates issued by the authorities of the State in this behalf by treating them to be permanent residents of the State of Rajasthan”. 

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Of course you can certainly file a writ but you may weigh how practically useful it will be for you. You have to take the decision. Writ will not be able to direct that you must be recruited. From the Notification it appears the condition has been put to ensure only the genuine permanent residents get recruited and not the migratory type of residents.

 

 

Judgments of other High Courts are not binding on Punjab High Court. They have only persuasive value. Lot also depends how your lawyer presents your case, how the lawyer of opposite party defends the case, the questions of law involved. Nobody can predict the outcome with certainty until the High Court gives its decision.

 
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