The Himachal Pradesh High Court, in its historic decision, ruled that a girl born in a reserved category family and later marries into an upper caste, can’t be deprived from her quota benefits.
A division bench of Chief Justice Mansoor Ahmad Mir and Justice Tarlok Singh Chauhan, while hearing a petition of Neetu, who had cleared the examination of lecturer (college cadre) Class-I conducted by the state Public Service Commission and later during interview on Aug 28, 2009 was asked to produce the latest other backward class (OBC) certificate, which was denied to her because she got married into an upper class Rajput family, observed that petitioner was dragged without any reason.
Bench imposed a fine of Rs.200, 000 on the state for not issuing a certificate of OBC) to the petitioner.
The bench ordered to recover Rs.50, 000 from the sub-divisional magistrate of Mandi, who denied her the certificate, an equal amount from the chairman of the Himachal Pradesh Public Service Commission and remaining Rs.100, 000 from the government.
The bench also directed the government to give the petitioner seniority as per merit from the date other people have been appointed, but without monetary benefits.
