Lawstreet Journal

No reservation for SC/ST/OBC females from outside state: Rajasthan High Court

Lawstreet Journal 5 Feb 2022 8:50pm

Image courtesy: Lawstreet Journal Judiciary No reservation for SC/ST/OBC females from outside state: Rajasthan High Court

On Wednesday (2nd February 2022) the Rajasthan High court emphasized on the provision that females outside the state on migrating to Rajasthan post-marriage may not be entitled to the benefit of reservation in public employment in the state on account of being a member of the SC/ST/OBC category in the other state. 

They can however avail of other benefits as being a member of the reserved category if the scheme entities the residence or the domicile.  

The observation was made in a writ petition (S.B. Civil Writ Petition No. 1452/2022) filed by Sunita Rani, being aggrieved with the action of the respondents - Sub Divisional Magistrate and Tehsildar for not accepting her application for issuance of a caste certificate in favour declaring that she is a member of "Schedule Caste" category.

As the petitioner was originally from Punjab where her caste 'Regar' was categorized as SC. However, she got married to a man of the SC community in Rajasthan. Thereafter when she applied before the Sub Divisional Magistrate, Nohar District Hanumangarh for issuance of SC certificate in her favour, however, her application was not accepted on the ground that she is not a resident of the state of Rajasthan.  

The court relied on the ruling of Jaipur Bench in ‘State of Rajasthan Vs. Smt. Manju Yadav’ (2018), wherein the division bench observed that females outside the state of Rajasthan on migrating to Rajasthan post-marriage may not be entitled to the benefit of reservation in public employment in… Continue Reading...


Tagged: Rajasthan High Court   Scheduled Caste and Scheduled Tribe  
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