Reservation Must Be Claimed At Time Of Submitting Application, Not Retrospectively: Himachal Pradesh High Court

The Himachal Pradesh High Court held that a candidate who chooses not to apply under the reserved category cannot later claim the benefit of reservation after failing in the selection process.

Justice Ranjan Sharma remarked that: “…once the petitioner has chosen not to avail benefit of reservation available as OBC candidate, then, after participation and having remained unsuccessful, the petitioner has neither any locus nor any right to turn around and claim appointment against OBC post…”

The petitioner filed a writ petition, challenging the appointment of the respondent as a Punjabi Teacher. She contended that as she was OBC, her appointment should have been made against the OBC reserved post as per the 2010 advertisement.

The Court noted that despite a reservation for OBC candidates, the petitioner applied as a General category candidate, and did not submit her OBC certificate with the application.

The Court observed that the candidate appointed under the OBC category, had the required qualification along with the certificate, therefore, her appointment was valid.

However, the Court remarked that once the petitioner chose not to avail benefit of reservation available as OBC candidate, she did not have any locus nor any right to turn around and claim appointment against OBC post.

Case Name: Baljinder Kaur v/s State of H.P. and others

Case No.: CWPOA No. 1968 of 2019

Date of Decision: 17.11.2025

For the Petitioner: Mr.Raman Jamalta, Advocate.

For the Respondent: Mr.Sumit Sharma, Deputy Advocate General, for respondents No.1 to 3-State

Mr.Surender Sharma, Advocate, for respondent No.4

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