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.

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 appeared in the said examination held in the month of December, 2017 and were declared successful. Subsequently, they also qualified in physical as well as medical test. Thereafter, the petitioners were called for verification of documents wherein they appeared and produced their documents including their caste certificates of ‘Scheduled Caste’ category endorsed by the competent authority. However, their names were not included in the final merit list published by the respondent authorities.

3. It is further submitted that letter no. 5034 dated 05.10.2018 and letter no. 4909 dated 04.10.2018 were issued to the petitioner nos. 1 and 2 respectively by the Controller of Examination, JSSC (the respondent no.4) informing that the caste certificates submitted by them were issued in the names and addresses of their husbands and accordingly, they were directed to submit the caste certificates issued in the names and addresses of their fathers. The petitioners appeared before the respondents on the specified dates and produced the caste certificates issued in the name of their fathers, however the same were not considered by the respondent-JSSC.

4. It is also submitted that the issuance of the caste certificates to the petitioners based on the name and address of their husband has no bearing on their category to which they belong if the caste of their husband and father is same, rather the status of any individual belonging to any particular category is acquired by virtue of birth. The petitioners have secured more marks than the last selected candidate under their category, however the respondents have arbitrarily not selected them in the final merit list.

5. Mr. Sanjoy Piprawall, learned counsel for the respondent nos. 3 and 4, submits that as per Clause 8(III)(i) of the brochure (Advertisement No. 08/2017) of the said exam, the candidates belonging to the categories of ‘Scheduled Caste’ and ‘Scheduled Tribe’ were required to submit their caste certificates in the ‘Format-I’ as prescribed at ‘Proforma-I’ of the said brochure issued either by the Deputy Commissioner or the Sub-Divisional Officer but not below the rank of the Sub-Divisional Officer. It was also clarified that caste certificates issued by other authority or in other format were not valid for extending the benefit of reservation.

6. It is further submitted that Clause 8(III)(iv) of the brochure mandated that the applicants would submit their online application forms only after procuring the requisite caste certificates and would also mention the details of their caste certificates at proper place while submitting the same since the said caste certificates could be demanded by the JSSC at any time for verification. It was also instructed that only those caste certificates would be valid which were