URMILA KUMARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition has been filed for a direction to the respondents to issue appointment letter to the petitioner on the post of Primary Teacher.

(2.) MR . S.N. Pathak, appearing for the petitioner, submitted that though the caste certificate issued by the Block Development Officer, Chas on 17.2.1993 (Annexure 4) was submitted by the petitioner, but even then she was not appointed.

(3.) IN Kavita Kumari Kandhaw, (supra), the following questions were raised and answered. (a) Whether a candidate, belonging to reserved category of the successor State of Bihar has any right to claim reservation in the services of the successor State of Jharkhand, as because it was a part of the erstwhile State of Bihar? and (b) Whet her a candidate, belonging to reserved category of other State, can claim reservation in the matter of appointment in the services of another State? In Paragraph 11, it was held as follows: In view of the aforesaid decisions of the Supreme Court it is clear that a Backward Class of one State cannot be deemed to be so in relation to other State and the certificate, issued by one State, is not valid for other State. In paragraph 14, it was held as follows: The writ petitioners, private respondents of LPA Nos. 722 of 2004 and 570 of 2005 and the appellant of LPA No. 457 of 2005 belong to Backward Class, including Scheduled Castes and Scheduled Tribes. Most of them belong to the State other than the State of Jharkhand, such as, Uttar Pradesh, or the districts, which now fall within the territory of the successor State of Bihar. Thus, they cannot derive the advantage of reservation for the purposes of appointment in the State of Jharkhand. We have noticed that some of the petitioners have enclosed Castes Certificates, most of which have been issued by the district authorities, which now fall within the successor State of Bihar or Uttar Pradesh whereas one or other petitioner have enclosed the caste certificates, issued by the district authorities, territory of which now fall within the State of Jharkhand. But in many of the cases, the certificates, so enclosed, have been issued much after submission of the application for appointment. It has brought to our notice that many persons though have enclosed the caste certificates, issued by the district authorities of the State of Bihar, in the writ petitions certain certificates, issued by the district authorities of the State of Jharkhand, have also been enclosed to suggest that they belong to the State of Jharkhand. Such individual cases cannot be scrutinised by this Court, nor such claim can be determined, which can be taken care of by the competent authorities of the State. If any certificate, enclosed by one or other petitioner, issued by the district authorities of the State of Jharkhand prior to submission of the application forms, has been enclosed, then the authorities may consider the case of such person for appointment against the reserved categories, if it is found that such persons belongs to the State of Jharkhand. But, those who have enclosed the certificates, issued by the district authorities of Uttar Pradesh or any other State, cannot claim reservation for appointment in the services of the State of Jharkhand. Similarly, those, who have obtained certificates from the district authorities of the State of Jharkhand after the last date of filing of the application form, those certificates also cannot be taken into consideration to grant benefit of reservation.