Court Dismisses Petition by Migrant Women Seeking OBC Reservation in MP Without Local Caste Certification
In a significant ruling, the Madhya Pradesh High Court has dismissed a writ petition filed by Sunita Pathode and others, challenging the rejection of their candidature for the post of Middle Teacher due to the non-recognition of their caste certificates issued by authorities in Maharashtra and Uttar Pradesh. The petitioners, who had settled in Madhya Pradesh after marriage, argued that their caste was recognized as Other Backward Classes (OBC) in both their native states and Madhya Pradesh, and thus, they were entitled to reservation benefits.
The court, presided over by Justice Vishal Dhagat, reiterated the principle that caste certificates are area-specific and cannot be transferred across state lines for the purpose of availing reservation benefits. The judgment emphasized that reservation benefits in Madhya Pradesh can only be claimed if the individual possesses a caste certificate issued by the competent authority within the state. This ruling aligns with previous decisions, reinforcing the territorial specificity of caste-based reservations.
The petitioners, represented by Advocate Shri Pawan Kawre, contended that they were being discriminated against, as their caste was listed as OBC in Madhya Pradesh as well. However, the court maintained that unless the petitioners obtained a caste certificate from Madhya Pradesh, they could not be granted reservation benefits. The case of Alka Singh v. State of M.P. was cited by the petitioners but found inapplicable to the present scenario.
The court did acknowledge an exception for women who marry into Madhya Pradesh and settle there permanently. If their caste is recognized in both states, they are eligible for reservation benefits, provided they obtain a caste certificate from Madhya Pradesh. However, the petitioners had not applied for such certification, leading to the dismissal of their plea.
This judgment underscores the procedural requirements for securing caste-based reservation benefits in Madhya Pradesh, highlighting the necessity for obtaining local certification even if the caste is recognized similarly in another state.
Bottom line:-
Caste certificate issued from another state cannot be used for reservation benefits in services in Madhya Pradesh unless the individual applies for and obtains a caste certificate from the competent authority in Madhya Pradesh. However, women who marry into Madhya Pradesh and permanently settle there may be eligible for reservation benefits if their caste is notified in both states and they possess a caste certificate from Madhya Pradesh.
Statutory provision(s): Article 226 of the Constitution of India
Sunita Pathode v. State of Madhya Pradesh, (Madhya Pradesh)(Jabalpur) : Law Finder Doc id # 2928133
