Reserved category candidates from other states cannot claim reservation in Raj: HC
JODHPUR, Nov. 12 -- The Rajasthan high court has dismissed an appeal by a woman belonging to the Scheduled Tribe (ST) category in Gujarat, holding that candidates belonging to reserved categories in other states cannot claim the benefit of ST reservation in Rajasthan recruitment if the advertisement provides for their consideration under the general category.
A division bench of Justice Vinit Kumar Mathur and Justice Chandra Shekhar Sharma, in its November 5 order, upheld the dismissal of a writ petition filed by Baria Sharmishtha Ben, who had challenged the rejection of her candidature under the ST category for appointment as a Nursing Officer.
The appellant, a resident of Banswara, belongs to a caste recognised as ST in Gujarat. After marrying a person belonging to the same caste in Rajasthan, she started residing in the state and applied for appointment as a Nursing Officer, claiming reservation under the ST category.
However, the state government rejected her candidature under the reserved category and considered her application under the general category.
She challenged the decision before the single bench, which dismissed her petition on September 23, 2025, relying on a Supreme Court judgment in Ranjana Kumari versus State of Uttarakhand.
In the appeal, her counsel argued that since her caste was recognised as ST in both Gujarat and Rajasthan, she was entitled to consideration under the reserved category in the recruitment.
Opposing the appeal, additional advocate general NS Rajpurohit submitted that Supreme Court judgments had settled the issue and that the recruitment advertisement specifically provided that candidates migrating to Rajasthan from other states would be considered under the general category.
The division bench referred to Supreme Court judgments in Marri Chandra Shekhar Rao and Action Committee on the issue of Caste Certificate to Scheduled Castes and Scheduled Tribes, observing that reservation benefits attached to a particular state cannot automatically be carried to another state.
The bench observed that a candidate belonging to the Scheduled Tribe (ST) category in a State other than the State of Rajasthan, upon applying for a post pursuant to an advertisement stipulating that such a candidate shall be considered under the General Category, would automatically be dis-entitled to claim the benefit of reservation under the Scheduled Tribe category. Finding no merit in the appeal, the court dismissed it and disposed of all pending applications, if any....
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