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Uttarakhand HC rules women from other states ineligible for local SC reservation benefits after marriage

7 months ago 72

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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.

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