Woman Married In MP Can't Rely On Caste Certificate Issued By Native State To Claim Reservation In Public Employment: MP High Court

The Madhya Pradesh High Court has held that a woman can get reservation benefits in her matrimonial State, provided that she applies and receives a caste certificate from the competent authority of the said State. [2026 LiveLaw (MP) 223]The bench of Justice Vishal Dhagat further clarified that the caste certificate originally issued to the woman by her native State cannot be used to seek reservation in another State. The bench held:"If Caste of a girl in both State is notified for getting benefit of reservation then said girl is to be given benefit of reservation and cannot be deprived of the same. However, said benefit can only be given to a girl who gets married in State of Madhya Pradesh and permanently settled here and her case is notified as SC/ST/OBC in both the State. Such girl must possess a Caste Certificate from competent authority from State of Madhya Pradesh. A Caste certificate issued from State of Maharashtra cannot be relied upon. Such woman candidates has to file an application for grant of Caste Certificate in State of Madhya Pradesh. Said Caste certificate can be considered for grant of benefit of reservation to them. Caste certificate are issued by competent authority following presidential order and State notifications". A petition was filed by three middle school teachers, challenging the impugned orders of November 23, 2022, wherein their request for verification of OBC certificates before the District Education Officer was rejected by the Verifying officer, noting that it was not issued by a competent authority. The counsel for the petitioners argued that petitioners no 1 and 2 were residents of Maharashtra and petitioner no 3 was a resident of Uttar Pradesh. All three petitioners received an OBC caste certificate in their own states. The counsel further submitted that they were married in the State of Madhya Pradesh. It was also submitted that their caste was also notified as OBC in the State of Madhya Pradesh. Emphasising that the caste status of a person is attached to the place/particular area and residing only in that place would extend the reservation benefit, the bench noted that if the persons migrate to another state, they cannot be given the benefit of reservation. However, the bench noted that this is not the case for girls who get married into the State of Madhya Pradesh. The bench noted that if the caste of a girl is notified in both states, then the said girl should be given the benefit of reservation. But the bench also noted that the said benefit can only be extended if she applies for and receives a grant of benefits from a competent State authority. The bench further highlighted,"Authority issuing Caste certificate is expert body who is having knowledge of various notifications of Central Government as well as State Government and authorities also verify factual aspects of belonging to a particular Caste. Court will not enter into fact finding exercise". Thus, the bench concluded that the caste certificate issued by one State cannot be used to seek reservation benefits in service in another State. The petition was accordingly dismissed. Case Title: Sunita Pathode v State of Madhya Pradesh, WP-657-2023Citation: 2026 LiveLaw (MP) 223For Petitioner: Advocate Pawan Kawre For State: Government Advocate Sumit Raghuvanshi Click here to read/download the Order

Woman Married In MP Can't Rely On Caste Certificate Issued By Native State To Claim Reservation In Public Employment: MP High Court

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Woman Married In MP Can't Rely On Caste Certificate Issued By Native State To Claim Reservation In Public Employment: MP High Court

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