Yes you are eligible for reservation as the caste is recognized by both the states as SC.
Benefit of reservation of schedule caste after marriage in other state
I belong to Rajasthan and married in Punjab in 2010.I belongs to Mahjabi sikh community which is scheduled as SC in both the states. Can I get the benefit of reservation in Punjab.
Asked 5 years ago in Constitutional Law
7 Answers
Since in both the States of Rajasthan and Punjab, Mahjabi Sikh community is classified as SC, you can take the benefit of reservation in Punjab.
you are eligible to reservation benefits at Rajasthan as per your parents' eligibility.
As your community is recognised as reserved community in the state of Punjab, you can apply for the same on the basis of your previous community certificate.
The Supreme Court has decided to refer to a larger bench for its authoritative pronouncement on the issue whether a Scheduled Caste woman is entitled for reservation benefits after marriage in another state where she is living with her husband of same caste.
Dear Sir/Ma'am,
The Schedule castes and the backward classes in Punjab are regulated by the Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006. Since the Mahjabi sikh community falls under the category of scheduled class, it shall be regulated under this Act only.
It is further provided to your knowledge that the law under consideration was the Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006, Section 4(5) of which provides that 50% of the vacancies of the quota reserved for Scheduled Castes in direct recruitment shall first be offered to Balmiki and Mazhabi Sikhs.
In a significant verdict, the Supreme Court today held that a member of an SC/ST community from one state cannot claim the benefit of reservation in government jobs or admission in another state, if his or her caste is not notified there.
A five-judge constitution bench headed by Justice Ranjan Gogoi also held that in Delhi, the central reservation policy applicable in jobs of the central government regarding Scheduled Castes (SC) and Scheduled Tribes (ST), would be applicable.
It unanimously held that a person belonging to SCs or STs in one state cannot be deemed to be a SC or ST in other states where he has migrated for the purpose of employment or education, saying that such persons would be eating away the quota meant for the native SCs or STs. A person notified as Scheduled Caste in state A cannot claim the same status in another state on the basis that he is declared as Scheduled Caste in state A,” it said.
Article 341(1) of the Constitution empowers the President to specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall be deemed to be Scheduled Castes in relation to that State or that Union Territory.
The bench said the consideration for specifying a particular caste or tribe or class for inclusion in the list of SCs, STs or Backward Classes in any state depends on the nature and extent of the disadvantages and social hardships suffered by the concerned members of the class in that state.
Similar case
Manita vs State (Women And Child )Ors on 4 April, 2017, HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7643 / 2016
The petitioner herein is an OBC Female candidate. The petitioner belongs to Ahir/Yadav community. The community of the petitioner, as per statement made by counsel for the (2 of 8) [CW-7643/2016] petitioner, has been declared OBC in both the States of Haryana and Rajasthan. The petitioner by her birth being Ahir/Yadav, was entitled to benefit of OBC in State of Haryana before her marriage thereafter she migrated to State of Rajasthan after her marriage.
After hearing the learned counsel for the parties, the present petition is allowed. The respondents are directed to consider the case of the petitioner in OBC category and in the event the petitioner is found suitable for appointment, she be accorded appointment to the post of Pre Primary Teacher according to her merit in the category of OBC. It is further ordered that the rights of the parties would be subject to final decision to be rendered by Division Bench of this Court wherein judgment passed in the case of Mukesh Kumari (supra) is under consideration and furthermore, the parties shall also abide by the outcome of the case of Ranjana Kumari (supra) where Larger Bench is seized of the question of law referred.
- As per Supreme Court, a person's caste is unalterable and can't change after marriage,
As per Supreme Court, a member of reserved community from one state cannot claim the benefit of reservation in government jobs or admission in another state, if his or her caste is not notified there.
- Since, both states your caste is notified , then you can claim reservation in both the states , but you cannot get a caste certificate from Punjab .
Only if the same is under state list of that state or in Central list
