Himachal Pradesh High Court

CWP/7197/2012 on 31 December 2016

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IN THE HIGH COURT OF HIMACHAL PRADESH,

SHIMLA.

CWP No.7197 of 2012

Reserved on: 19/12/2015.

Decided on: 31/12/2015. _______________________________________________ Gandharv Kalyan Smiti

…Petitioner

-Versus-

State of H.P. and Ors.

….Respondents

Coram:

The Hon’ble Mr. Justice Mansoor Ahmad Mir, Chief Justice.

The Hon’ble Mr. Justice Sureshwar Thakur, Judge.

Whether approved for reporting?1 No _______________________________________________________ For the petitioner: Mr. G.S.Rathore, Advocate.

For the respondents: Mr. Shrawan Dogra, Advocate General with Mr. Anup Rattan, Additional Advocate General and Mr. J.K. Verma, Deputy Advocate General for respondents No. 1 and 2.

Mr. Ashok Sharma, Assistant Solicitor General of India, with Mr. Angrez Kapoor, Advocate, for respondent No.3.

---------------------------------------------------------------------- 1 Whether the reporters of the local papers may be allowed to see the judgment?

Per Sureshwar Thakur, Judge:

In trite the grievance ventilated by the petitioner herein is of Turi and Hanssi community standing as displayed in Annexure P-5 included in the list of OBCs constituted by the Government of India. However, respondents No. 1 and 2 under Annexure P-3/T excluded Turi and Hanssi community from the list of OBCs issued by the Central Government sequelling deprivation to them of the status and benefits of OBCs. Consequently the petitioner prays for Annexures P-3, P-4 and P-9 being quashed and set-aside. Undisputedly, Turi and Hanssi community occur in the list of OBCs maintained by the Central Government which factum finds reflection in Ext.P-5. However, with Turi and Hanssi community also finding inclusion in the list of Scheduled Castes appears to have predominately weighed with respondents No.1 and 2 to de-list under Annexure P-3/T Turi and Hanssi community from the list of OBCs as stand comprised in Annexure P-5. Imminently for forestalling accrual of dual benefits thereto arising from their inclusion both in the list of scheduled castes as also in the list of OBCs, led the respondents No. 1 and 2 to de-list under Annexure P-3/T the Turi and Hanssi community from Annexure P-5 maintained by the Government of India.

2. Without at this stage commenting upon the propriety of respondents No. 1 and 2 to exclude Turi and Hanssi community from the list of OBCs maintained by the Central Government comprised in Annexure P-5 especially when the recommendation by respondents No. 2 and 3 comprised in Annexure R-1/4 to respondent No. 3 for their exclusion from the list of OBCs maintained by the Central Government is as portrayed by Annexure R-1/5 still under consideration at the latters end yet it is deemed fit and appropriate at this stage to dispose of the writ petition with an option being left open to the petitioner to ventilate their grievances before the quarter concerned by making a representation before it/them. On the quarter concerned being seized of the representation of the petitioner shall proceed to decide it within 8 weeks hereafter. It is made clear that in case a decision adverse to the petitioner stands recorded by the quarter concerned it shall be open to the petitioner to seek appropriate remedy, if any, available.

( Mansoor Ahmad Mir )

Chief Justice.

December 31, 2015. (Sureshwar Thakur),

(TM)

Judge.

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