Jharkhand High Court has clarified that a person will get reservation in the state in which he is born. Even if his caste is being given the benefit of reservation in the migrant state.
A person will get the benefit of reservation only in his native state. If a woman belonging to reserved category is married in another state, then she cannot get the benefit of reservation in that other state. Jharkhand High Court has given this order in a decision.
The court of Justice Rajesh Shankar has said that no one can claim reservation merely on the basis that the caste certificate has been issued to him by the official of the same state. Under the established law, a person who has transferred from another state will get the benefit of reservation only in the original state. The High Court on Saturday rejected the reservation claim of a woman from Bihar, who had come to Jharkhand after marriage.
During the hearing, JSSC said that Reena Kumari Rana was born in Bihar, hence she will not get the benefit of reservation in Jharkhand. The Supreme Court has also given its decision in this matter.
Reena says that she got married in Jharkhand. Her husband comes under reserved category in Jharkhand. The sub-divisional officer of Godda has issued him a caste certificate. Therefore she is entitled to reservation in Jharkhand. The court said in the decision that if a woman is in the reserved category in Bihar or any other state, but she is married in Jharkhand, then she will not get reservation.
The court has clarified that a person will get reservation in the state in which he is born. Even if his caste is being given the benefit of reservation in the migrant state.
Godda’s SDO had issued caste certificate
Reena Kumari Rana had filed a petition in the High Court. It was said that in the year 2016, Jharkhand State Staff Selection Commission had issued an advertisement for the appointment of teachers. Reena Rana also participated in this. He had claimed to live in Jharkhand after marriage and had applied for ST caste certificate. The sub-divisional officer of Godda also issued the certificate. If the original residence of a person living in Jharkhand since the time of unified Bihar is Bihar at present, then he will also not get the benefit in Jharkhand. Only those people whose original residence is Jharkhand will get benefits here.
JSSC did not accept the candidature
After succeeding in the teacher appointment examination, Reena was called for certificate verification. When he produced the certificates, his candidature was cancelled. JSSC said that the woman had submitted the ST caste certificate on the basis of her husband. JSSC said that he will not get the benefit of reserved category and his candidature will be included in the general category. After this Reena filed a petition in the High Court.
Headlines
● If a reserved category woman is married in another state, then she does not have the benefit of reservation.
● The benefit of reservation will be available only in the state of origin.
● Cannot claim even after issuance of caste certificate from the authority of the transferred state.
● Marriage took place in Jharkhand, claim was made on the basis of husband
