On Wednesday (2nd February 2022) the Rajasthan High court emphasized on the provision that females outside the state on migrating to Rajasthan post-marriage may not be entitled to the benefit of reservation in public employment in the state on account of being a member of the SC/ST/OBC category in the other state.
They can however avail of other benefits as being a member of the reserved category if the scheme entities the residence or the domicile.
The observation was made in a writ petition (S.B. Civil Writ Petition No. 1452/2022) filed by Sunita Rani, being aggrieved with the action of the respondents - Sub Divisional Magistrate and Tehsildar for not accepting her application for issuance of a caste certificate in favour declaring that she is a member of "Schedule Caste" category.
As the petitioner was originally from Punjab where her caste 'Regar' was categorized as SC. However, she got married to a man of the SC community in Rajasthan. Thereafter when she applied before the Sub Divisional Magistrate, Nohar District Hanumangarh for issuance of SC certificate in her favour, however, her application was not accepted on the ground that she is not a resident of the state of Rajasthan.
The court relied on the ruling of 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 ST/SC/OBC category in another state.
The division bench of Justice Dinesh Mehta ruled,
That these ladies will certainly be entitled to be issued an SC/ST/OBC certificate, for the reason apart from a reservation in public employment. These certificates may be relevant for grants of some benefit concerning housing schemes etc.
The division bench further clarified, that the issue of public employment and benefit of reservation has been decided by the Supreme Court and our present order is concerned only with the issuance of a certificate applied for. The court in the present matter directed the Sub Divisional Magistrate of Hanumangarh to issue a caste certificate that this certificate is not taking benefit in public employment in the state of Rajasthan.
Advocate J.S Bhaleria and Advocate R.D Bhadu appeared for the petitioner and respondents respectively.
Case Title: Sunita Rani v. State of Rajasthan Citation: 2022