IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 11687 of 2011 Date of Decision: 02.11.2011 Sunita Devi ...Petitioner Versus State of Punjab and others ..Respondents. CORAM: HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present : Mr. Alka Chatrath, Advocate, for the petitioner. Ms. Sudeepti Sharma, Deputy Advocate General, Punjab for the respondents. **** SURYA KANT, J.(Oral) Petitioner-Sunita Devi applied for the post of Art & Craft Teacher in the reserved category of Scheduled Caste (Ramdasia & others). Her father's name is Pritam Chand and as per the Certificate dated 11.12.2004 issued by Tehsildar, Gurdaspur (Annexure P-2), petitioner belongs to 'Sansi' caste, which has been recognized as a Scheduled Caste. The petitioner got married with one Tilak Raj and after her marriage another Certificate has been issued on 01.09.2009 by Tehsildar, Batala (Annexure P-1) certifying that she belongs to 'Sansi' caste which is a recognised Scheduled caste. 2. In Clause 6 of the advertisement dated 23.09.2009 issued for various teaching posts (Annexure P-3) as also in the subsequent corrigendum dated 27.09.2009 (Annexure P-4/1), the validity period CWP No. 11687 of 2011 [2] of one year was specified only for the Backward Class Certificate(s) and not for the Scheduled Castes. It is well settled that the principle of exclusion from the reserved category on being included in the 'creamy-layer' does not apply to scheduled caste candidates. 3. In the light of the facts noticed above, the claim of the petitioner has to be considered in the reserved category of Scheduled Caste (Ramdasia & others). The writ petition is accordingly allowed with a direction to the respondents to treat the petitioner in the abovestated reserved category and if she is entitled to appointment as per merit and subject to other eligibility, needful be done within a period of three months from the date of receipt of a certified copy of this order. Dasti. 02.11.2011 (SURYA KANT) 'ravinder' JUDGE