Reservation for Scheduled Castes and Scheduled Tribes is state-specific, and a person recognized as a member of Scheduled Caste in one state is not entitled to benefit of reservation in another state.

JUDGMENT :

MANOJ KUMAR TIWARI, J.

1. According to petitioner, he is a permanent resident of District Raebareli in State of Uttar Pradesh, however, he obtained a Scheduled Caste certificate from Bhopal in State of Madhya Pradesh. Subsequently, on his application, he was issued a caste certificate by Tehsildar Kichha on 06.04.2005 declaring him to be a Scheduled Caste of State of Uttarakhand. The said caste certificate was cancelled by Tehsildar, Kichha on a complaint vide order dated 16.02.2018. Petitioner has challenged the cancellation order in this writ petition.

2. According to petitioner, he was born in Village Dallikhera, Post Tala (Gurbuxganj), District Raebareli in State of Uttar Pradesh, on 20.12.1970 and he studied upto VIIIth standard in District Raebareli and, thereafter, he migrated to Bhopal in State of Madhya Pradesh, where his father was employed with Madhya Pradesh State Electricity Board. From the documents brought on record, it is revealed that petitioner passed High School and Higher Secondary School Examination from Secondary Education Board Madhya Pradesh, Bhopal and he was awarded B.Com. and M.Com. degree by Barkatullah Vishwavidyalalya, Bhopal. The caste certificate issued to petitioner by Tehsildar Hujar District Bhopal on 09.08.1989 is on record as Annexure 9-A to the writ petition, which shows him to be permanent resident of Sudama Nagar Govindpura, Tehsil Hujar, District Bhopal. It is mentioned in the certificate that petitioner’s caste is included in the list of Scheduled Castes of District Bhopal and benefit of said certificate would be available to him only in respect of scholarships/employment given by State of Madhya Pradesh.

3. G.B. Pant University of Agriculture and Technology is a State University established under U.P. Krishi Evam Prodyogik Vishwavidyalalya Adhiniyam, 1958. In the year 1998, petitioner was appointed as Assistant Accountant in the said University against a post reserved for Scheduled Castes. State of Uttarakhand came into being w.e.f. 09.11.2000 in terms of provisions contained in U.P. State Reorganization Act, 2000 and, upon state reorganization, said University became State University of Uttarakhand.

4. In the year 2005, the said University issued an advertisement, inviting applications for appointment to various Teaching and Non-Teaching positions, including the post of Accounts Officer. In the said advertisement, it was mentioned that benefit of reservation will be given only to residents of Uttaranchal (now Uttarakhand) as per orders of State Government and Scheduled Caste, Scheduled Tribe and Other Backward Classes category candidates of other States shall be considered under un-reserved category. To meet the aforesaid requirement of the advertisement, petitioner applied for fresh caste certificate to Tehsildar, Kichha and a certificate was issued to him, on 06.04.2005, certifying that he is a Scheduled Caste of Uttarakhand. On the strength of the said certificate, petitioner was appointed as Accounts Officer in the University against a reserved post. However, the caste certificate issued to him on 06.04.2005 was cancelled on 16.02.2018, based on a complaint.

5. It is not in dispute that before cancelling the caste certificate, a notice was issued to petitioner on 12.12.2017, requiring him to produce evidence in support of his caste status, however, he could not produce any evidence. From the impugned cancellation order, it is revealed that personal hearing was also given to petitioner on 20.12.2017, but petitioner could not produce any material to support the caste certificate issued to him. His caste certificate was thus cancelled by holding that no one can have caste certificate from two different States for availing benefit of reservation in both states.

6. Learned counsel for the petitioner contends that petitioner was serving as Assistant Accountant in G.B. Pant University of Agriculture and Technology since before State reorganisation and his services were not transfera