The Supreme Court has ruled that 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 upon their reorganisation in November, 2000.
The top court also held that 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 and vice versa .
A Bench of Justices U.U. Lalit and Ajay Rastogi decided the “peculiar question” after 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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“It is made clear that person is entitled to claim benefit of reservation in either of the successor State of Bihar or State of Jharkhand, but will not be entitled to claim benefit of reservation simultaneously in both the successor States and those who are members of the reserved category and are resident of the successor State of Bihar, while participating in open selection in State of Jharkhand shall be treated to be migrants and it will be open to participate in general category without claiming the benefit of reservation and vice-versa,” the Bench said.