CWP No.19829 of 2006 :1: In the High Court of Punjab and Haryana at Chandigarh. Date of decision:20.03.2009 Gurcharan Singh ... Petitioner Versus State of Punjab and others ... Respondents CORAM: HON'BLE MR. JUSTICER PERMOD KOHLI Present: Mr.Sumeet Sachdeva, Advocate. Ms.Charu Tuli, Senior DAG, Punjab. -- PERMOD KOHLI, J. (Oral): I have heard the learned counsel for the parties at length. The petitioner is seeking a direction in the nature of mandamus for granting appointment on the basis of reservation for Swarnkar, one of the reserved category notified by the Government of India as also in view of the certificate dated 30.10.2006 (Annexure P- 2). Relevant extract of Annexure P-2 is reproduced as under:- “This is to certify that Gurcharn Singh son of Sh.Hardwari Lal, resident of Town Muktsar,Tehsil Muktsar, Distt.Muktsar of the State of Punjab belongs to Swarnkar caste.” CWP No.19829 of 2006 :2: The above certificate further provides that Backward Class certificate has been issued in view of the Punjab Government Welfare Department letters dated 20.04.1963, 4.7.1963, 19. 11.1974 and 19.1.1994. The claim of the petitioner is, however, denied by the State- respondent. It is specifically alleged that the petitioner does not belong to the Backward Class as notified by the Government of Punjab Welfare Department (Reservation Cell). It is further stated that the Government of India, Ministry of Social Justice/Empowerment, vide its resolution dated 06.12.1999, decided to include the Swarnkar caste in the list of other Backward Classes for direct recruitment of vacancies in civil post and services under the Central Government, but there is no corresponding reservation in the State Government. The respondents have also placed on record the extract of the Manual of Reservation of Scheduled Caste and Backward Classes in Service, issued by the Government of Punjab, Department of Welfare (Reservation Cell) 2005, wherein at Serial No.61 of the list, castes declared as other Backward Classes, it is mentioned as “Daula or Soni Bradri. The contention of the learned counsel for the petitioner is that Soni Bradri includes Swarnkar. The stand of the respondents is that it has notified the OBC categories for the purpose of reservation. In the said notification issued by the State of Punjab at item No.61, it is mentioned as “Daula CWP No.19829 of 2006 :3: or Soni Bradri”. The expression “Soni Bradri” has not been explained in the notification. It was deemed appropriate by this Court to direct the State of Punjab to file a detailed affidavit as also the decision of the Backward Classes Commission. In response to the order dated 08.01.2009, an affidavit of Mr. T.K. Goyal, PCS, Joint Secretary to Govt. Punjab, Department of Welfare of Schedule Castes and Backward Classes, has been filed. The respondents have also placed on record copy of the minutes of the proceedings of the meeting of Punjab State Commission for Backward Classes held on 10.12.1999, as Annexure R/II. From the perusal of these minutes, it becomes evident that “Swarnkar” were declared as Backward Class in the year 1974 for a period of 5 years which was extended upto 1998. Thereafter, a number of representations were made by the said Community which were considered by the Commission and a survey was got conducted through all the Deputy Commissioners relating to the economic, social and educational status of this caste. After taking into consideration the survey reports, the Commission made the following observations on 10.12.1999:- “The people of this caste are posted on highly reputed Government posts and Gold Control Act had also been dropped. As such they can stock Gold. It is also wroth mentioning here CWP No.19829 of 2006 :4: that Sunar caste is not treated socially backward in society which is the main factor to include any caste in the list of Backward Classes. Accordingly, the Commission have decided unanimously that this caste can not be included in the state list of Backward Classes.” It is, accordingly, stated by the respondents that benefit of reservation was not extended to Swarnkars and, thus, this caste is not included in the list of Other Backward Classes notified by the State of Punjab. Hence, there is no reservation. In view of the clear stand of the respondents and the resolution adopted by the Punjab State Commission for Backward Classes, the petitioner is not entitled to be declared as member of Backward Class. For the reasons recorded above, I find no merit in the present petition and the same is hereby dismissed with no order as to costs. 20.3.2009 (PERMOD KOHLI) BLS JUDGE Note: Whether to be referred to the Reporter? YES