The original caste status of an individual in the original state is to be reckoned for providing the benefit of reservation, and they are not entitled to the same benefit upon migrating to another state.

JUDGMENT :

1. Learned counsel for the petitioner is permitted to correct the designation of the respondent no.8 as “Returning Officer (Mukhiya)-cum-Circle Officer, Jari, Gumla” in course of the day.

2. The present writ petition has been filed for quashing the letter no.14 dated 10th January, 2019 issued by the respondent no.3 as well as letter no.014 dated 25th February, 2019 (in part), particularly paragraph no.10 of the same, issued by the respondent no.4, whereby women who migrate from other State to the State of Jharkhand after marriage have been denied benefit of reservation in the State of Jharkhand. Further prayer has been made for quashing the order dated 5th May, 2022 passed by the respondent no.8, whereby the petitioner’s candidature for the post of Mukhiya, Govindpur Panchayat has been rejected.

3. Heard learned counsel for the parties and perused the contents of the writ petition.

4. The case of the petitioner is that she originally belonged to Oraon tribe (Scheduled Tribe category) in the State of Chhatisgarh. After her marriage with Narayan Oraon, a person of Oraon Tribe in the State of Jharkhand, she has settled here. The petitioner under the impression that after marriage she has become part and parcel of Oraon Tribe of the State of Jharkhand contested Panchayat election for the post of Mukhiya, Govindpur Panchayat under Scheduled Tribe category. She, accordingly, filed nomination on 29th April, 2022, however, her nomination was rejected by the Returning Officer (Mukhiya)-cum-Circle Officer, Jari, District Gumla vide order dated 5th May, 2022 on the ground that she was not entitled to get the benefit of reservation in the State of Jharkhand. While passing the said order, the Returning Officer relied upon letter no.14 dated 10th January, 2019 and letter no.14 dated 25th February, 2019 issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, wherein it has been specified that women of reserved category of other States who have migrated after their marriage will not be entitled to get benefit of reservation in the State of Jharkhand. The petitioner has, thus, filed the present writ petition, challenging letter no.14 dated 10th January, 2019 and letter no.14 dated 25th February, 2019 (in part), particularly paragraph no.10 of the same, issued by the State Government as well as the order dated 5th May, 2022 passed by the Returning Officer (Mukhiya)-cum-Circle Officer, Jari, Gumla, rejecting her nomination for the post of Mukhiya.

5. The issue as to whether a person of other State belonging to reserved category, if migrates to other State, will get the benefit of reservation in the State to which he/she has migrated, has already been set at rest by the Constitution Bench of the Hon’ble Supreme Court in the cases of Marri Chandra Shekhar Rao Vs. Seth G.S. Medical College, reported in (1990)3 SCC 130 and Action Committee on Issue of Caste Certificate to SCs/STs Vs. Union of India, reported in (1994)5 SCC 244.

6. In the case of Marri Chandra Shekhar Rao (Supra.), the Hon’ble Supreme Court has held as under:-

“13. It is trite knowledge that the statutory and constitutional provisions should be interpreted broadly and harmoniously. It is trite saying that where there is conflict between two provisions, these should be so interpreted as to give effect to both. Nothing is surplus in a Constitution and no part should be made nugatory. This is well settled. See the observations of this Court in Venkataramana Devaru v. State of Mysore [1958 SCR 895, 918 : AIR 1958 SC 255], where Venkatarama Aiyer, J. reiterated that the rule of construction is well settled and where there are in an enactment two provisions which cannot be reconciled with each other, these should be so interpreted that, if possible, effect could be given to both. It, however, appears to us that the expression ‘for the purposes of this Constitution’ in Article 341 as well as in Article 342 do imply that the Scheduled Caste a