Himachal Pradesh HC rejects migrated Gujjar teacher's plea claiming reservation benefit under 'ST category'

The Himachal Pradesh High Court recently dismissed a petition moved by a woman belonging to the Gujjar community seeking benefit of reservation provided for Scheduled Tribes in Himachal Pradesh.

The woman, who belonged to the state of Haryana by birth, had married a man in Himachal Pradesh belonging to Gujjar Community which is recognized as Scheduled Tribes in the state.

The petitioner woman had applied for the post of Language Teacher (ST), for batch-wise recruitment, however, the same was refused on the ground that she was not scheduled Tribes, so as to accord the benefit of reservation as sought for by her. Against this decision, the woman moved the high court.

The moot question that arose before the high court bench was whether by migration or some reasons from one State to another, can a person, who may be belonging to Scheduled Castes, Scheduled Tribes or OBC can claim the benefit of such status in the migratory State.

The bench of Justice Tarlok Singh Chauhan and Justice Virender Singh held that the issue at hand was no longer res integra and had been considered and decided by the Supreme Court in Marri Chandra vs. Dean, S.G.S. Medical College and others (1990) wherein it was categorically held that the migration for whatsoever reason from one state to another cannot be a sufficient ground for claiming the benefit of SC, ST and OBC in the migratory State.

Court also referred to a recent judgment of the Top Court in Bhadar Ram (deceased) through legal representatives vs. Jassa am and others (2022), wherein while reiterating the ratio laid down in Marri Chandra's case, the Top Court had held that a man belonging to State of Punjab and being an ordinarily and permanent resident of the State of Punjab could not claim the benefit of a Scheduled Caste in the State of Rajasthan for the purpose of purchase of the land.

Case Title: Priyanka v. State of Himachal Pradesh and Others