LI Network
Published on: December 22, 2023 at 11:32 IST
The Jharkhand High Court has clarified that individuals who have migrated to another state are entitled to reservation benefits only in their state of origin.
Justice Rajesh Shankar emphasized that a person’s caste certificate, even if issued by the Sub-Divisional Officer in the migrant state, does not grant eligibility for reservation benefits in the State of Jharkhand.
The ruling was delivered in response to a writ petition filed by an individual seeking recognition as a Scheduled Tribe (S.T) candidate in the Combined Graduate Trained Teacher Competitive Examination, 2016.
The petitioner, originally from Bihar and belonging to the ‘Lohara’ caste, had obtained an S.T caste certificate from Jharkhand after her marriage. However, her candidature in the S.T category was rejected during the certificate verification process.
The court referred to the case of Kanchan Kumari & Anr. Vs. State of Jharkhand & Ors., emphasizing that individuals migrating to another state are entitled to reservation benefits only in their parent state, i.e., the state of origin.
Despite the petitioner’s argument and submission of a fresh certificate based on her parents’ details, the court held that the benefit of reservation could only be availed in the state of origin.
The petitioner’s plea to quash remarks against her name and to direct the respondents to consider her for counselling in the S.T category was dismissed by the court.
The ruling underscored that the petitioner’s state of origin was Bihar, and since she migrated to Jharkhand after marriage, she was not eligible for reservation benefits in Jharkhand.
The court concluded by stating that, considering the precedent and the settled position of law, the prayers made in the writ petition were deserving of dismissal.
Case Title: Rina Kumari Rana @ Reena Kumari Rana vs The State of Jharkhand & Ors
