DEHARDUN: In a significant ruling concerning reservation benefits, the Uttarakhand High Court on Tuesday clarified that a person belonging to a Scheduled Caste (SC) from another state, who settles in Uttarakhand after marriage, is not entitled to reservation benefits in state government jobs here.
A single bench of Justice Manoj Kumar Tiwari delivered the verdict while hearing a batch of petitions, including one filed by Anshu Sagar. The bench underscored a fundamental principle of reservation law, stating, "The jurisdiction of reservation is specific and does not transfer with migration."
The High Court heavily relied on landmark Supreme Court judgments, such as 'Chandra Shekhar Rao' and 'Ranjana Kumari vs. State of Uttarakhand'. These precedents firmly established that the lists of Scheduled Castes and Tribes under Articles 341 and 342 of the Constitution are "relative to that State."
This means an individual recognized as an SC in one state does not automatically acquire that status in another. The court affirmed that migration—whether voluntary or involuntary (such as due to marriage)—does not confer the right to reservation in a different state.
The petitioner, Anshu Sagar, was originally a resident of Moradabad, Uttar Pradesh. She married an SC individual in Uttarakhand. Ms. Sagar, who belongs to the 'Jatav' community (an SC category in UP), subsequently obtained an SC certificate and a Permanent Residence Certificate in Jaspur, Uttarakhand, after her marriage.
Relying on these documents, she claimed reservation benefits in the recruitment drive for primary school teachers. The department, however, rejected her claim.
The State Government argued that reservation benefits, as per Government Orders dated February 16, 2004, and subsequent notifications, are exclusively for the "original inhabitants of Uttarakhand."
The state contended that residents of neighboring states, even if they manage to obtain caste certificates in Uttarakhand, are not eligible for reservation in public employment. Furthermore, the government asserted that caste status is determined by birth, not marriage, and the issuance of a caste certificate cannot override the strictures laid down by the Supreme Court's constitutional benches.
Based on these submissions, the court dismissed the relief sought by the
petitioners, rejecting their writ petitions outright.
Senior advocate Imran Ali Khan of Nainital welcomed the decision, telling TNIE, "We welcome the Court's decision, believing that the interests of the state's original inhabitants should not be compromised. However, the state government must also formulate a crystal-clear policy to eliminate any ambiguity regarding matters pertaining to Uttarakhand's domiciles."
Commenting on the implications, senior advocate Sanjay Chawla of Dehradun stated, "If a person is a domicile of one state, they should claim reservation benefits from that state. If such a person wishes to avail reservation benefits in another state, they must raise that demand after fulfilling the due process as per that state’s laws."