Central Board Of School Education Adn ANR. v. Kavita Devi And ANR.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA-340-2015 (O&M) Date of Decision: August 17, 2016 Central Board of School Education and another .....Appellants

Versus

Kavita Devi and another ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDIP AHLUWALIA

Present:

Mr.Harsh Aggarwal, Advocate for the appellants.

........

SURYA KANT, J.

Learned Single Judge vide impugned order dated 06.10.2014 has directed the appellant-Board to consider candidature of the respondent in the category of `OBC' in view of Government of India Notification dated 04.03.2014 whereby Jaat Community was notified as `OBC'. Undisputedly the above-stated notification has been struck down by the Hon'ble Supreme Court in Ram Singh and others vs Union of India 2015 (4) SCC 697.

In this view of the matter when the respondent does not belong to `OBC' category, the order passed by learned Single Judge cannot sustain. The appeal is accordingly allowed and the order under appeal is set aside. Resultantly, the writ petition is dismissed.

( SURYA KANT ) JUDGE August 17, 2016 ( SUDIP AHLUWALIA ) meenuss JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No Meenu 2016.08.23 11:22 I attest to the accuracy and authenticity of this document chandigarh