Candidatures for reserved posts cannot be rejected for submitting a caste certificate from another state if recruitment rules do not explicitly mandate a state-issued certificate and the caste is recognized in both states, as changing selection criteria mid-way violates Article 14.

ORDER :

JAI KUMAR PILLAI, J.

These writ petitions arising out of various impugned orders passed by the respondent Authorities cancelling the candidatureship of the petitioners in different selection processes for appointment to the post of Uchha Madhyamik Shikshak (different streams).

2. Since common questions of facts and law are involved, all the petitions have been heard analogously and are being decided by this common order.

3. It is the case of the petitioners that they are residing within the territorial jurisdiction of this Court. Prior to marriage, the concerned petitioners were residing in another State and belongs to a reserved class community, for which a valid Other Backward Class (OBC) certificate / SC / ST Caste certificate was issued by the Competent Authority of that State.

4. It is further the case of the petitioners that upon marriage with a permanent resident of the State of Madhya Pradesh, the petitioners shifted her residence and was issued a domicile certificate of the State in accordance with the prevailing Government policy and circulars. After acquiring domicile status, the petitioners claim entitlement to all statutory and constitutional benefits available to members of the said reserved class in the State.

5. It is also the case of the petitioners that the petitioners possess the requisite educational qualifications prescribed under the applicable Recruitment Rules governing the teaching cadre. The Rules, framed under Article 309 of the Constitution of India, provide for reservation for women candidates and prescribe postgraduation and professional teaching qualifications as essential eligibility criteria.

6. It is further the case of the petitioners that pursuant to an advertisement issued by the Competent Examining Authority, applications were invited for appointment to the post of Uchha Madhyamik Shikshak (different streams). The petitioners applied under the respective SC/ST/OBC category, participated in the selection process, qualified the written examination on merit and was accordingly called for document verification.

7. It is lastly the case of the petitioners that at the stage of document verification, the petitioner’s candidatureship was cancelled without issuance of any show-cause notice or affording an opportunity of hearing, solely on the ground of non-submission of caste certificate issued by the State of Madhya Pradesh. Resulting in denial of reservation benefits and prompting the filing of the present petition.

8. Per contra, Learned Government Advocate for the respondents/State submits that though the petitioners qualified the High School Teacher Eligibility Test-2018, they failed to produce a valid Domicile/Caste Certificate of Madhya Pradesh at the stage of document verification and had falsely declared herself as a domicile of Madhya Pradesh in the online application. The Tehsildar, after due scrutiny, rightly rejected their applications for caste certificate, against which an alternative statutory remedy of appeal was available but not availed. In absence of a valid OBC/SC/ST Caste Certificate of Madhya Pradesh and in view of the applicable recruitment rules, the petitioners were rightly held ineligible and their candidatureship was lawfully rejected, entitling them no relief or interim relief as claimed.

9. Heard learned counsel for the both parties at length and examined the entire record available before this Court.

10. This Court holds that the benefit of reservation can be extended only to those candidates who possess a valid domicile certificate of the State of Madhya Pradesh. In the present case, although the petitioners were originally residents of another State, upon their marriage to permanent resident of the State of Madhya Pradesh, they are not to be treated as migrants and for all service and reservation-related purposes, they shall be reckoned as domiciled residents of the State of Madhya Pradesh, subject to fulfillment of the prescribed statutory requirements.

11. This Court