• Schedule caste woman married in other state

I was born in Uttar Pradesh and belong to the Khatik Caste. I was issued
a SC certificate of Khatik Caste in 2004 by the tehsildar of Uttar Pradesh. I got married in 2014 in rajasthan, my husband also belong to same caste and recognized as a schedule caste  in Rajasthan.
I applied for renew (digital format) of caste certificate post my marriage to the Tehsil of Uttar
Pradesh but they denied saying that now I am married and can apply to the state of my
husband only for the SC certificate and issued me the report stating that i belong to the
Scheduled Caste. I submitted that report to the state of my husband
(Rajasthan) and was issued a caste certificate on name of my father in Jan 2017 by the
Rajasthan Govt. My husband also belongs to the Khatik Caste. Khatik caste is recognised as
Scheduled Caste in both the states Uttar Pradesh as well as Rasjasthan and also in the central
Govt list.
I have qualified for 'State Bank of India - PO' Exam and I was asked to submit the Caste
Certificate on Central Govt Format. I have a few doubts regarding that -
1). Is my caste certificate issued by the Rajasthan Govt on my father's name is valid?
2). As I was born in Uttar Pradesh and post my marriage my residence is Rajasthan now (home
state of my husband). Will I be considered as permanent resident of Rajasthan or just a Migrant.(please specify that if women married in another state considered as a migrant ) 
3). In the Central Govt SC Format (enclosed herewith), there is a point (point no 2) which is "to
be filled by the migrants only", do I need to fill that point while a wife is also considered as
permanent resident of her husband's state?
4). Can I be issued the domicile of Rajasthan (Home state of my husband)?
5). I can avail the state reservation Quota of which state Uttar Pradesh or Rajasthan?
Asked 2 years ago in Constitutional Law from ganganagar, Rajasthan

1) your caste certificate is valid

2) you would be considered as migrant

3) you can avail reservation in UP only

4)the issue as to whether person born in one state after marriage is to be regarded as permanent resident of another state where her husband is residing has been refrred to larger bench by SC

Ajay Sethi
Advocate, Mumbai
74621 Answers
4462 Consultations

5.0 on 5.0

in S. Pushpa and others v Sivachanmugavelu and others (2005) 3 SCC 1. The facts of that case were that the Directorate of Education, Government of Pondicherry had issued an advertisement for making recruitment of 350 General Central Service Group "C" posts of Secondary Grade of which 56 posts were reserved for Scheduled Castes. In response to the advertisement, the employment exchange sponsored the names of candidates of various categories including Scheduled Caste. The employment exchange also sponsored some names of Scheduled Caste candidates from neighbouring employment exchanges as sufficient number of Scheduled Caste candidates were not available in Yanam and Mahe region of the Union territory of Pondicherry. Out of 55 selected candidates of Scheduled Caste, 29 produced community certificates from the Governments of Tamil Nadu, Andhra Pradesh and Kerala, based on which the revenue authority of Pondicherry had issued community certificates to them. The remaining 26 candidates produced community certificates from the revenue authority of Pondicherry. The respondents challenged the selection of aforesaid Scheduled Caste candidates mainly on the ground that a migrant Scheduled Caste candidate belonging to another State is not eligible for appointment on a post which is reserved for Scheduled Caste candidate of the Union Territory of Pondicherry. The Central Administrative Tribunal relied upon the judgments in Marri Chandra Shekhar Rao’s case and Action Committee on Issue of Caste Certificate to Scheduled Castes and Scheduled Tribes in the State of Maharashtra and another v. Union of India and another (supra) and held that the Scheduled Castes who migrated to the Union Territory of Pondicherry after the issuance of Presidential notification, which has specified Scheduled Castes in terms of Article 341 of the Constitution cannot claim the benefit of reservation in the services of the Government of Pondicherry. Accordingly, the selection and appointment of migrant Scheduled Caste candidates was set aside and a direction was issued to review the selection process.

Ajay Sethi
Advocate, Mumbai
74621 Answers
4462 Consultations

5.0 on 5.0

Supreme Court of India

Ranjana Kumari vs State Of Uttaranchal & Ors on 23 September, 2013

Author: …………………………..J.

Bench: G.S. Singhvi, V. Gopala Gowda

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No.8225 of 2013

(Arising out of SLP(C) No.33724 of 2011)

Ranjana Kumari ... Appellant

Versus

State of Uttaranchal and others

...Respondents

J U D G M E N T

G.S. SINGHVI, J.

15. The question arising in this appeal is whether a person like the appellant, who is a Scheduled Caste in the State where she was born will not be entitled to the benefit of reservation after marriage in the State where her husband is living despite the fact that the husband also belongs to Scheduled Caste and the particular Caste falls in the same reserved category in the State of migration and that she is a permanent resident of that State.

16. Since the other related matter has been referred to a larger Bench, we think that it would be just and proper to refer this matter also to the larger Bench. Ordered accordingly.

17. The Registry is directed to place the papers before the Hon’ble the Chief Justice of India for consideration and appropriate order.

Ajay Sethi
Advocate, Mumbai
74621 Answers
4462 Consultations

5.0 on 5.0

1)you are migrant from UP . hence you have to fill in this column

2) actually you should be regarded as permanent resident of rajasthan as your husband is residing in Rajasthan

3) as mentioned earlier the issue has been placed before larger bench of SC for decision

Ajay Sethi
Advocate, Mumbai
74621 Answers
4462 Consultations

5.0 on 5.0

1. yes, the certificate issued by Raj Govt is valid for all puposes.

2. after you marriage, your status is not that of a migrant in rajasthan. Be assured as regars to this! Have you obtained marriage certificate and applied for domicile in rajasthan on the basis of marriage certificate?

3. No you do not have to fill this as your status is not that of a migrant.

4. Yes.

5. Rajasthan.

Vibhanshu Srivastava
Advocate, New Delhi
8957 Answers
154 Consultations

5.0 on 5.0

You need not fill this, inasmuch as, you are not a migrant.

Vibhanshu Srivastava
Advocate, New Delhi
8957 Answers
154 Consultations

5.0 on 5.0

Yes, for the caste certificate will be considered as a permanent resident of Rajasthan because you have married a man of Rajasthan, and you can be treated a migrant also and you will be eligible to take benefits as per Rajeshtan Govt. rules.

Rupin Singh Dhama
Advocate, Delhi
1 Answer

4.0 on 5.0

Take it simple.... You have been issued caste certificate from Rajasthan Govt. then you are eligible to use that certificate wherever you want in the state of Rajasthan. Further as a girl is married to another State or Country she gains the domicile or citizenship respectively of that state or country. So you need not fill this point.

Mayank Srivastava
Advocate, Allahabad
61 Answers
16 Consultations

5.0 on 5.0

Dear Client,

Cast of person is acknowledge by cast of father only, so certificate is valid.

Benefit of reservation in cast is available only in state where u born n have permanent address but as your caste comes in SC category in Rajasthan also so, benefit is permitted.

If u see point 2, there's no option of W/o but only father so , u have to fill but no complications, You can justify your permanent status now in rajasthan by your marriage certificate if need, they cannot deny your candidature.

Domicile will always be your father place for reservation purpose but for any other purpose like voting right, etc, it is possible.

Not of rajasthan but your caste ALSO schedule in Rajasthan SC caste list so it wont be problem. ( Courts have different view. )

Yogendra Singh Rajawat
Advocate, Jaipur
18583 Answers
22 Consultations

4.6 on 5.0

1). Is my caste certificate issued by the Rajasthan Govt on my father's name is valid?

The community certificate issued by the competent authority is very much valid, because it is not obtained after playing fraud on the government or the authority.

2). As I was born in Uttar Pradesh and post my marriage my residence is Rajasthan now (home

state of my husband). Will I be considered as permanent resident of Rajasthan or just a Migrant.(please specify that if women married in another state considered as a migrant )

They cannot be considered as migrant but a bonafide resident

3). In the Central Govt SC Format (enclosed herewith), there is a point (point no 2) which is "to

be filled by the migrants only", do I need to fill that point while a wife is also considered as

permanent resident of her husband's state?

Your matrimonial home is your permanent house for life since you are married, therefore you may ignore the migrant column

4). Can I be issued the domicile of Rajasthan (Home state of my husband)?

You are domiciled in Rajasthan

5). I can avail the state reservation Quota of which state Uttar Pradesh or Rajasthan?

Since you are domiciled in Rajasthan and a bonafide resident of Rajasthan, you can claim benefits from Rajasthan also.

T Kalaiselvan
Advocate, Vellore
64570 Answers
836 Consultations

5.0 on 5.0

above i have copy pasted a point from the 'central govt format for sc/st'. This point is to be filled by migrants only. Do i need to fill this point as well?

In my opinion you may ignore the migrant filled application.

T Kalaiselvan
Advocate, Vellore
64570 Answers
836 Consultations

5.0 on 5.0

After marriage you will be considered as the domicile of Rajasthan and you will have to avail all the benefits as available in the State of rajasthan.

yes the caste certificate issued to you by the Rajasthan Government is valid.

Anilesh Tewari
Advocate, New Delhi
17615 Answers
288 Consultations

5.0 on 5.0

This certificate will also be issued to you since you have migrated from one state to another.

Regards

Anilesh Tewari
Advocate, New Delhi
17615 Answers
288 Consultations

5.0 on 5.0

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