CWP No.56 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.56 of 2009 (O&M) Date of Decision: 30.03.2010 **** Dr. Vijay Kumar . . . . Petitioner VS. 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. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Alok Jagga, Advocate for the petitioner Ms. Charu Tuli, Sr. DAG, Punjab Mr. A.P. Singh, Advocate for respondent No.3 ***** SURYA KANT J. (ORAL) (1). The petitioner applied and competed for the post of Homoeopathy Medical Officer (NHRM) reserved for the Scheduled Castes. The petitioner relied upon a certificate issued by the Himachal Pradesh Government. His candidature has been cancelled on the plea that he does not belong to a caste, declared as ‘scheduled caste’ in the State of Punjab. CWP No.56 of 2009.doc - 2 – (2). Admittedly, as per the certificate relied upon by the petitioner, he belongs to Lohar Caste (blacksmith) which might be a ‘Scheduled’ Caste in the State of Himachal Pradesh but not in the State of Punjab. However, ‘Lohar’ caste is admittedly a ‘Backward Class’ in the State of Punjab. (3). In these circumstances, the writ petition is disposed of with a direction to respondent No.1 to consider the claim of the petitioner in the Backward Class category and if he makes to the merit list in that reserved category, take appropriate action in the matter. The needful shall be done within a period of two months from the date of receipt of a certified copy of this order. (4). Ordered accordingly. (5). Dasti . (SURYA KANT) JUDGE 30.03.2010 vishal shonkar