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RAJEEV RANJAN PRASAD
Lalita Kumari – Appellant
Versus
Bihar State University Service Commission – Respondent
Rajeev Ranjan Prasad, J. – These two writ applications are raising a common question for consideration, therefore, on the request of the parties, both the writ applications have been taken up together for consideration and are being disposed of by this common judgment.
2. For sake of clarity, this Court would briefly refer the facts of both the cases separately hereunder: –
CWJC No.15313 of 2022
3. In this case, the petitioner has questioned the Notice No. B.S.U.S.C./foKkñ&14/2022-1240 dated 13.10.2022 (Annexure ‘3’) and Notice No. B.S.U.S.C/foKkñ&14/2022-( [k.M&5)-1298 dated 22.10.2022 (Annexure ‘5’) to the writ application whereby the petitioner has been held ineligible for the post of Assistant Professor, Hindi (under EBC category) on the ground that the petitioner had paid Rs.75/- as fee but she does not come under clause 10.1(ii), 10.1(iii) or 10.1(iv) of the advertisement published by the Bihar State University Service Commission (hereinafter referred to as the ‘Commission’) vide Annexure ‘1’ to the writ application. The petitioner further prays that upon setting aside the
Migrants cannot claim reservation benefits in a new state based on their original state's caste status, as established by Articles 341 and 342 of the Constitution.
Reservation benefits are strictly confined to the State for which the caste is notified, and cannot be claimed across State lines based on marriage or migration.
Reservation benefits are confined to the natives of a state, and individuals migrating from other states cannot claim such benefits based on their caste status in their home state.
(1) There are various parameters which have to be taken into consideration to recognize a caste/race as Scheduled Caste/Scheduled Tribe in a State/Union Territory or a particular part thereof – Consi....
The court affirmed that benefits of caste-based reservations are non-portable across states; migrants must claim such benefits in their state of origin only, emphasizing socio-legal contextualization....
A migrant cannot claim reservation benefits in the state of migration based on a caste certificate issued there; benefits apply only in the state of origin.
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