Quota benefits cannot be availed simultaneously in two successor states : SC
- Posted By
10Pointer
- Categories
Polity & Governance
- Published
24th Aug, 2021
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Context
The Supreme Court has held that a person who is entitled to the benefit of reservation in either the State of Bihar or State of Jharkhand will not be entitled to claim benefit of reservation simultaneously in both the successor States.
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Case Facts
Case Title: Pankaj Kumar v.The State of Jharkhand
Bench: Justices UU Lalit and Ajay Rastogi
Court : Jharkhand High Court
A resident of Jharkhand, Pankaj Kumar, a member of a Scheduled Caste, filed an appeal against the 2:1 majority High Court order, denying him appointment in the State Civil Service examination of 2007, on the ground that his address proof showed that he was a permanent resident of Patna, Bihar.
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Key- highlights
- A person belonging to a reserved category is entitled to claim the benefit of reservation in either of the successor States of Bihar or Jharkhand, but cannot claim benefit of the quota simultaneously in both the successor States.
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Jharkhand was founded by the Bihar Reorganisation Act on 15 November 2000 as the 28th State of India.
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- Members of the reserved category, who are residents of the successor State of Bihar, while participating in open selection in Jharkhand, shall be treated to be migrants, and they can participate in the general category without claiming the benefit of reservation.
- One is entitled to claim benefit of reservation only in their home State and not in the State one has migrated.
Articles related to the case
- Article 341(1): According to the Constitution of India, under article 341(1), the President of India, after consultation with the Governor, may specify, “the castes, races, tribes or parts of groups within castes or races, which shall be deemed to be Scheduled Castes”.
- Article 342(1): Article 342(1) specifies, the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union territory.
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