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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Suman Kumari, W/o Arun Kumar Thakur – Appellant
Versus
State Of Chhattisgarh Through The Secretary, Department Of Education – Respondent
| Table of Content |
|---|
| 1. petitioner seeks judicial relief for caste certificate issues. (Para 1 , 2 , 3) |
| 2. petitioner's arguments on inter-state caste recognition. (Para 4 , 8) |
| 3. state’s argument against recognition of caste for reservation. (Para 5 , 6 , 7) |
| 4. reservation rights are state-specific and not transferable. (Para 10 , 11 , 12 , 13 , 14) |
| 5. caste certificates must be state-specific and valid. (Para 15 , 16) |
| 6. court’s limited interference regarding eligibility and process. (Para 17 , 18 , 19 , 20) |
| 7. writ petition dismissed with no order as to costs. (Para 21) |
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 Ball
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.
Point of Law : The object of Articles 341(1) and 342(1) of the Constitution is to provide additional protection to the members of the SC/ST having regard to the social and economical backwardness fro....
Point of Law : Petitioner is married in the State of Himachal Pradesh to a person belonging to OBC and even the Caste to which the petitioner belonged in the State of her origin has been declared as ....
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.
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.
A married woman must provide a caste certificate based on her father's details to qualify for reservation in public employment, as per the advertisement's requirements.
Reservation for Scheduled Castes and Scheduled Tribes is state-specific, and a person recognized as a member of Scheduled Caste in one state is not entitled to benefit of reservation in another state....
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