Back
RAJESH SHANKAR
Asha Kumari – Appellant
Versus
State of Jharkhand, through the Secretary, School Education and Literacy Department – Respondent
JUDGMENT :
HON’BLE MR. JUSTICE RAJESH SHANKAR
The present writ petition has been filed for declaring the petitioner to have passed in the Combined Graduate Trained Teacher Competitive Examination, 2016 (Advertisement No. 21/2016) for appointment on the post of Teacher (Hindi) in Deoghar district as after being declared successful in the ‘Main’ examination, she was called for certificate verification, however, her candidature in the Backward Class-II category was rejected on the ground that she had submitted the caste certificate of the said category on the basis of her husband’s caste. Further prayer has been made for quashing the remarks mentioned against the name of the petitioner in important notice No. 3571 dated 06.06.2019 (Annexure-5 to the writ petition) wherein it has been mentioned that she failed to submit the valid caste certificate in support of claiming reservation under BC-II category and hence her candidature would be restricted up to the vacancy of unreserved category. The petitioner has also prayed for directing the respondent Nos. 4 to 6 to send her name to the respondent No.2 for counselling being a successful candidate in the Backward Class-II category.
2. Learned
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.
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.
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 : 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 ....
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....
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.
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....
Migrating from one state does not grant automatic Scheduled Caste benefits in another state, despite similar caste nomenclature.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
