Begin typing your search above and press return to search.
News Updates

Migrants In Rajasthan Aren't Entitled To Claim Benefit Of Reservation In On-Going Panchayat Elections Or In Public Service Jobs: Rajasthan HC [Read Order]

Sparsh Upadhyay
26 Sep 2020 9:16 AM GMT
Migrants In Rajasthan Arent Entitled To Claim Benefit Of Reservation In On-Going Panchayat Elections Or In Public Service Jobs: Rajasthan HC [Read Order]
x

The Rajasthan High Court on Thursday (24th September) ruled that the people, who have admittedly migrated from other States to Rajasthan on their marriage, are not entitled to claim the benefit of reservation in on-going Panchayat Elections in Rajasthan.The Single Bench of Justice Satish Kumar Sharma was hearing a bunch of writ petitions filed before the Court seeking directions to...

The Rajasthan High Court on Thursday (24th September) ruled that the people, who have admittedly migrated from other States to Rajasthan on their marriage, are not entitled to claim the benefit of reservation in on-going Panchayat Elections in Rajasthan.

The Single Bench of Justice Satish Kumar Sharma was hearing a bunch of writ petitions filed before the Court seeking directions to the respondents to issue caste certificate of Scheduled Caste/ Other Backward Classes category in favour of the petitioners and to allow them to participate in the on-going Panchayat Elections by giving the benefit of reservation.

The petitioners argued that their caste in Rajasthan falls in the same category as their home state. They contended that after their marriage, since they have been residing in Rajasthan, therefore, they cannot be denied the benefit of reservation.

Court's Analysis

The Court acknowledged the settled legal position that a person of reserved category is entitled to derive the benefits of reservation only in the State of his/her origin and not in the state to which he/she has migrated irrespective of the fact whether his caste is covered in the same reserve category in both the States.

The Court clarified that in the judgments of Rajasthan HC court in Poonam Yadav Vs. State of Rajasthan [DBSAW No.749/2017] and State of Rajasthan Vs. Manju Yadav [DBSAW No.1116/2018], the State Authorities were directed to issue caste certificates for the females who have been migrated from the other states after their marriage.

However, the Court said, only on the basis of such certificates, they shall not be entitled for the benefit of reservation in public employment and such certificates may be relevant for grant of benefits like housing scheme, which may be made available on the basis of domicile or residence.

It may be noted that the Supreme Court, in none of the Judgments has held that the person of reserve category is entitled to reservation in elections in the State to which he has migrated.

Though, the Rajasthan High Court in the case of Manju Yadav (supra) has held that such migrated persons are not entitled to reservation in public employment, but no mention has been made for reservation in elections.

Therefore, the Court observed that it is not so that such persons have been declared to be entitled to reservation in elections including Panchayat Elections.

Otherwise also, the Court further observed, if the benefit of reservation in elections is allowed to such migrant persons, the constitutional mandate under Article 341 and 342 of the Constitution of India would bound to be frustrated/ negated and this would also be an utter violation of the verdict of Hon'ble Supreme Court as well.

The Court further noted,

"For issuing of caste certificate for other purposes, while referring to the the judgment of the Supreme Court in Bir Singh Vs. Delhi Jal Board [(2018)10 SCC 312]), the Division Bench of this court in the case of Manju Yadav (supra) has categorically held that though the females migrated from other states to the State of Rajasthan are not entitled for the benefit of reservation in public employment, but they are entitled to caste certificates as such certificates may be relevant for grant of some benefits, e.g. housing scheme." (emphasis supplied)

Therefore, in compliance of the verdict of this Court in Manju Devi (supra), the State Authorities are bound to issue caste certificates to the migrated persons from other States to Rajasthan but such certificate is to be issued for limited purposes only.

The Court further clarified,

"Such certificate cannot be used for taking benefits of reservation in public employment and Elections, therefore, in order to avoid any sort of confusion in the mind of such migrant persons, to prevent misuse of such certificates and to ensure clarity regarding issuance of such certificates, it may be most appropriate that a prominent note is appended to such caste certificates as needed for the purpose." (emphasis supplied)

In view of the above discussion, all the petitions were disposed of in following manner:-

(i) The prayer of the petitioners for claiming the benefit of reservation in on-going Panchayat Elections is hereby declined.

(ii) For issuance of caste certificate, the petitioners are at liberty to apply before the competent authority (concerned Sub Divisional Magistrate) who shall expeditiously dispose of their application(s) after following due procedure and in case of rejection of the application, the petitioners may take available legal recourse.

(iii) In order to avoid any sort of confusion, to prevent misuse of caste certificates and to ensure clarity in issuing the certificates in favour of the persons who have migrated from other States to the State of Rajasthan, a note shall be prominently appended to such caste certificates as under:-

(a) On the basis of this certificate, the migrated person shall not be entitled to claim benefit of reservation in public employment and elections including Panchayat Elections.

(b) This certificate has been issued only for the limited purpose of claiming benefits specifically made available for such migrant persons in Government Schemes.

(c) Some other clarification may also be appended as deemed necessary.

Click Here To Download Order

[Read Order]



Next Story