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?