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.

ORDER :

Amitendra Kishore Prasad, J.

1. By way of this petition, the petitioner has prayed for following reliefs:-

“10.1 That, the Hon'ble Court may kindly be pleased to call for the entire record relating to his case.

10.2 That, the Hon'ble Court may kindly be pleased to allow the writ petition and set-aside the impugned order dated 21.04.2023 (Annexure P/1), in the interest of justice.

10.3 Any other relief/relief's which may deem fit and proper in the facts and circumstances of the case may also be allowed.”

2. Learned counsel for the petitioner submits that the petitioner was born in Village Sanwra, Tahsil Rasda, District Ballia (U.P.) and belongs to Nai (Hajjam) community, which falls under the Other Backward Class category. He further submits that the petitioner solemnized her marriage with Arun Kumar Thakur, who also belongs to the Nai (Hajjam) community, and thereafter joined her matrimonial home at Durg, State of Chhattisgarh. The matrimonial family of the petitioner also belongs to OBC category. Consequent thereto, the petitioner obtained her domicile certificate of Chhattisgarh dated 04.08.2004. It is submitted that the petitioner pursued her higher education after marriage and successfully completed her B.Ed. degree on 25.06.2005 and thereafter obtained M.A. degree in the year 2009.

3. Learned counsel submits that since the petitioner’s caste Nai (Hajjam) is also recognized as OBC in the State of Chhattisgarh, she approached the competent authority for issuance of caste certificate. After due verification, the Sub-Divisional Magistrate issued a caste certificate dated 28.12.2005 certifying her as OBC in Chhattisgarh. It is further submitted that in the year 2019, Chhattisgarh Vyapam issued an advertisement for appointment on the post of Teacher (E-Cadre), pursuant to which the petitioner applied and was duly selected for the subject Biology. He further submits that after more than one year of service, the petitioner was issued a show cause notice dated 24.01.2023 by the office of Joint Director, Education Division, Durg, alleging that she had obtained appointment on the basis of an incorrect caste certificate and calling upon her to submit an explanation. Thereafter, another notice dated 27.01.2023 proposing termination of service was issued. It is contended that the petitioner belongs to Nai (Hajjam) community by birth and marriage, which is notified as OBC in both the States of Uttar Pradesh as well as Chhattisgarh, and therefore, her entitlement to OBC status does not cease merely on account of marriage or migration from one State to another. The petitioner has not misrepresented or suppressed any fact and has relied upon a valid caste certificate issued by the competent authority of the State of Chhattisgarh.

4. Learned counsel submits that it is settled law that where a caste is recognized as OBC in both the States, denial of reservation benefit solely on the ground of inter-State migration is illegal and arbitrary. The petitioner’s caste finds place in the Central List of OBC for Chhattisgarh at Entry No. 26(14). It is further submitted that earlier the petitioner had approached this Court by filing Writ Petition (S) No. 1113/2023, which remained pending and during which the State repeatedly sought time to file its reply but failed to do so. Despite having knowledge of the pendency of the said writ petition, the respondent authorities proceeded to terminate th