Reservation for a post in any state is made for the benefit of the natives of that state, and a native of one state migrating to another state does not become entitled to reservation in the latter state merely by long residence.

R.M.Doshit, J.

1. Feeling aggrieved by the common judgment and order dated 3rd August, 2010 passed by the learned Single Judge, in so far as CWJC No. 709 of 2007 has been allowed, the respondent no. 5 (hereinafter referred to as "the appellant") has preferred this Appeal under Clause 10 of the Letters Patent. Respondent No. 5 is the writ petitioner.

2. Pursuant to the advertisement published by the respondent Rajendra Agricultual University (hereinafter referred to as "the University"), the appellant applied for appointment to the post of Junior Scientist-cum-Assistant Professor in Agriculture Statistics as an Extremely Backward Class candidate. Out of the three posts advertised the post was reserved for Extremely Backward Class candidate. After due recruitment process, the appellant was selected and aopointed as Junior Scientist- cum-Assistar:t Professor in Agriculture Statistics on 20 in November, 2006. Feeling aggrieved by the selection of the appellant the writ petitioner filed above CWJC No. 709 of 2007 to challenge the selection and appointment of the appellant.

3. According to the writ petitioner, the appellant did not belong to the Extremely Backward Class as claimed by him. He was a Nayee. and a native of Tripura. The caste Nayee in the State of Tripura is recognized as "Backward Class". The appellant not being a native of Bihar and not being an "Extremely Backward Class" recognized by the State of Bihar, he could not have been selected for or appointed on a post reserved for Extremely Backward Class candidate.

4. The petition was contested by the appellant. At first, the University also contested the petition. According to the appellant, though he was a native of Tripura, he had migrated and settled in Bihar since 1983. He had thus been residing in the State of Bihar for more than 20 years and had acquired domicile of the State of Bihar.

5. By a latter affidavit the University supported the writ petition. According to the University, the domicile and the caste certificate dated 27th May, 2006 issued by the District Magistrate, Lakhisarai declaring that the appellant was a resident of Bihar and that he belonged to Chany (^rPF) community was not valid.

6. The learned Single Judge allowed the writ petition. The learned Single Judge has held that the appellant did not acquire domicile of the State of Bihar by continuous and long residence. As he is a native of Tripura, he cannot take benefit of the reservation in the State of Bihar. Therefore, this Appeal.

7. The facts are not in dispute. It is admitted that the appellant is a native of Tripura. He was born and had received education at Tripura. He passed his Secondary and Higher Secondary Examinations from Tripura Board of Secondary Education. Since then he shifted to Bihar to pursue higher studies in the University. He has also secured a Caste Certificate dated 5th December, 1995 issued by the Sub-Divisional Officer, Udaipur, South Tripura declaring that the appellant was Napit (Barber), a community which is recognized as a "Backward Class" under the Government of India Resolutions dated 10th September, 1993 and 19th October, 1994 and that the appellant and his family ordinarily reside in the South District of Tripura State. The appellant has also secured a Caste Certificate dated 8th November, 2006 issued by the Sub-Divisional Officer, Samastipur declaring that the appellant was a resident of Pusa, District- Samastipur and belongs to Nayee community.

8. The short question that arises for our consideration is whether the appellant can be said to be a domicile of Bihar and whether he is entitled to the benefit of reservation for "Extremely Backward Class" in the State of Bihar.

9. The terms and conditions of the appointment, inter alia, provides:

"2. Reservation facility for candidate of SC/ST, Other Backward Classes and physically handicapped will be given as per Bihar State Government Reservation Rules. The SC/ST and Other Backward Class candidates can also a