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ST Reservation Benefits Cannot Be Claimed in Another State After Migration: Rajasthan High Court

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Rajasthan High Court dismisses an appeal by a Gujarat-origin woman seeking ST reservation in Rajasthan for Nursing Officer recruitment after migration. - Baria Sharmishtha Ben v. State of Rajasthan & Ors.

ST Reservation Benefits Cannot Be Claimed in Another State After Migration: Rajasthan High Court

The Rajasthan High Court has ruled that a person recognised as belonging to the Scheduled Tribe (ST) category in one State cannot automatically claim ST reservation benefits after migrating to another State for employment.

A Division Bench of Justice Vinit Kumar Mathur and Justice Chandra Shekhar Sharma dismissed an appeal challenging the rejection of an ST reservation claim for appointment as a Nursing Officer.

Background

The appellant originally belonged to Gujarat, where her caste was recognised under the ST category. After marrying a person belonging to the same caste in Rajasthan, she began residing in the State and applied for the post of Nursing Officer under the ST reservation category.

However, the Rajasthan authorities considered her candidature under the General Category. Challenging this decision, she approached the High Court. After her writ petition was dismissed by a Single Judge on September 23, 2025, she filed the present appeal.

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The Division Bench examined the Supreme Court's decisions in Marri Chandra Shekhar Rao v. Dean, Seth G.S. Medical College and Action Committee on the Issue of Caste Certificate to Scheduled Castes and Scheduled Tribes in the State of Maharashtra v. Union of India.

Relying on these rulings, the Court explained that reservation benefits are linked to the State-specific lists under Articles 341 and 342 of the Constitution.

The Supreme Court had observed:

"When a Scheduled Caste or tribe migrates, there is no inhibition in migrating but when he migrates, he does not and cannot carry any special rights or privileges attributed to him or granted to him in the original State specified for that State or area or part thereof."

The Bench also noted that the same caste name appearing in two States does not automatically establish entitlement to identical reservation benefits, as the social disadvantages considered for inclusion may differ.

The Court held that candidates belonging to the ST category in a State outside Rajasthan cannot claim reservation benefits in Rajasthan when the recruitment advertisement specifically provides for their consideration under the General Category.

The Bench concluded that the Single Judge had correctly applied the law laid down by the Supreme Court. Finding no merit in the appeal, the Division Bench dismissed it and disposed of all pending applications.

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