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RAJESH SHANKAR
Kanchan Kumari – Appellant
Versus
State of Jharkhand through the Secretary, Department of Home, Jail and Disaster Management, Government of Jharkhand – Respondent
JUDGMENT :
Rajesh Shankar, J.
The present writ petition has been filed for quashing letter no. 5034 dated 05.10.2018 and letter no. 4909 dated 04.10.2018 whereby the claim of the petitioners for reservation under ‘Scheduled Caste’ category in “India Reserve Battalion General Constable Competitive Examination-2017” conducted by the Jharkhand Staff Selection Commission (JSSC) pursuant to Advertisement No. 08/2017, has been repudiated. Further prayer has been made for quashing the final merit list declared vide result dated 15.02.2019 by the respondent-JSSC in connection with Advertisement No. 08/2017 and for considering the petitioners’ case to appoint them on the advertised posts.
2. Learned counsel for the petitioners submits that Advertisement No. 08/2017 was published by the JSSC for recruitment on the post of General Constable in India Reserve Battalion under the Department of Home, Jail and Disaster Management Department, Government of Jharkhand through “India Reserve Battalion General Constable Competitive Examination-2017” The petitioners applied for the said post under ‘Scheduled Caste’ category enclosing their Scheduled Caste certificates along with the application forms. They
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.
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 ....
Caste status is determined by the state of origin, and individuals migrating to another state cannot claim benefits of reservation in the new state.
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....
(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....
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