The Uttarakhand High Court dismissed a petition seeking to grant Scheduled Caste/Tribe reservation benefits to women from other states after marriage in government jobs, clarifying that women who have settled in Uttarakhand after marriage will not be entitled to the benefits of reservation in government jobs in the state.
The court stated that reservation for Scheduled Castes/Tribe is a state-specific right that does not automatically transfer with marriage or change of residence. The case was heard before a single bench of Justice Manoj Kumar Tiwari. Several other petitions, including that of Anshu Sagar, were heard simultaneously. According to the case, Anshu Sagar is a native of Moradabad district in Uttar Pradesh and belongs to the Jatav caste by birth, which is listed as a Scheduled Caste there. The petition stated that she married a Scheduled Caste man from Uttarakhand, after which she obtained a caste certificate and a permanent residence certificate from Jaspur.
She claimed reservation for teacher recruitment in government primary schools in Uttarakhand, but the department rejected it. The petitioner challenged this order in the High Court. The state government clarified in court that, as per the February 16, 2004, and other government orders, reservation for Scheduled Castes and Tribes is only valid for those originally resident in Uttarakhand. The government stated that caste is determined by birth; marriage does not change caste status. Even if a resident of another state obtains a certificate from Uttarakhand, they cannot avail of reservation benefits. Although Anshu Sagar belongs to the same reserved Scheduled Caste category in both states, she is not eligible for reservation in Uttarakhand because she was born in Uttar Pradesh.
Dismissing the petitions, the single bench stated that granting reservation based on migration is against the constitutional system. This decision serves as a clear example for women and candidates who marry from other states and settle in Uttarakhand that they cannot acquire reservation eligibility solely on the basis of marriage.
