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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
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 an
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.
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Migrating from one state does not grant automatic Scheduled Caste benefits in another state, despite similar caste nomenclature.
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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