SC/ ST/ OBC Females From Outside Rajasthan Not Entitled To Reservation In Public Employment In State On Migration After Marriage: High Court

The observation was made in a writ petition filed by one Sunita Rani, being aggrieved with the action of the respondents- Sub Divisional Magistrate and Tehsildar of Hanumangarh for not accepting her application for issuance of a caste certificate in her favour declaring that she is a member of Scheduled Caste (SC).

Justice Dinesh Mehta ruled,

"So it is clear that the petitioner is not entitled for reservation in public employment in the State of Rajasthan being the resident of State of Punjab, however, she can get the other benefits as being an SC on the strength of the certificate if the scheme envisages domicile or residence as entitlement."

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

The court relied on the ruling of this Court at 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 the State of Rajasthan on account of being a member of a SC or ST or OBC in another State. The court also relied on Santosh Vs. State of Rajasthan (2020) delivered by this court on the same footing.

The division bench in Smt. Manju Yadav ruled,

"But these ladies would certainly be entitled to be issued a SC or ST or OBC certificate. For the reason, apart from reservation in public employment these certificates may be relevant for grant of some benefit. For example, it may be a housing scheme. A migrant lady may claim benefit on the strength of the certificate if the scheme envisages domicile or residence as the entitlement for a house or a flat with reservation provided."

The division bench had further clarified,

"We make it clear once again. Issue of public employment and benefit of reservation has been decided by the Supreme Court and thus our present order would not be misconstrued as enabling anybody to the benefit of reservation. The present order concerns only to the issuance of a certificate applied for."

In this backdrop, the court, in the present matter, directed the Sub Divisional Magistrate of Hanumangarh to issue only a caste certificate to the petitioner with clarification that this certificate is not for taking benefit in public employment in the State of Rajasthan.

Adv. J.S. Bhaleria and Adv. R.D. Bhadu appeared for the petitioner and respondents respectively.

Case Title: Sunita Rani v. State of Rajasthan

Citation: 2022 LiveLaw (Raj) 47