IMPORTANT POINT
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.

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 counsel for the petitioner submits that the state of origin of the petitioner is State of Bihar and she belongs to ‘Baniya (Agrahari Vaishya)’ caste. The petitioner solemnized marriage with a person, who is the resident of State of Jharkhand and also belongs to the same caste. After marriage, the petitioner applied for issuance of caste certificate of Backward Class-II category and local resident certificate before the competent authority of State of Jharkhand giving details of her husband in pursuance of which the Sub-Divisional Officer, Deoghar issued residential certificate as well as caste certificate to her on 24.03.2017/25.03.2017.

3. It is further submitted that in the year 2016, the Jharkhand Staff Selection Commission (JSSC) issued advertisement for the Combined Graduate Trained Teacher Competitive Examination, 2016 in which the petitioner applied for ‘Hindi’ Teacher in Deoghar district under Backward Class-II category. The petitioner passed the said examination and thereafter was called for document verification whereupon she appeared and produced all the required certificates. However, a show cause notice dated 25.09.2018 was issued to her whereby she was asked to file valid caste certificate till 03.10.2018 as she had submitted caste certificate of Backward Class-II category issued on the basis of genealogical table of her husband. Thereafter, the petitioner submitted a fresh caste certificate issued by the Sub-Divisional Officer, Patna (Bihar) dated 27.09.2018 on the basis of her parents’ details, however, important notice No. 3571 dated 06.06.2019 was issued by the office of the Jharkhand Staff Selection Commission in which it was mentioned that the petitioner failed to submit valid caste certificate for extending the benefit of reservation under BC-II category and therefore her candidature would be restricted to the vacancy of unreserved category. It is also submitted that the Deputy Commissioner, Deoghar had already started counselling of the candidates whose names appeared in the final list, however, the name of the petitioner was not sent for counselling.

4. Learned counsel for the respondent-JSSC submits that the issue raised in the present writ petition is no more res integra as in the case of Marri Chandra Shekhar Rao Vs. Dean, Seth G.S. Medical College & Others reported in (1990) 3 SCC 130, the Constitution Bench of 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 thi