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Benefit of reservation in one State not to be extended to another State

Punjab and Haryana High Court: The Division Bench comprising of Mahesh Grover and Mahabir Singh Sindhu, JJ., addressed the issue whether a person who had been issued a certificate of Schedule Caste/Schedule Tribe and Backward Classes by one  State take benefit of reservation in another state.

The facts of the case were such that the petitioner who had applied for M.B.B.S course questioned the selection at the Government Medical College and Hospital. The petitioner contended that candidates belonging to reserved category in states of Punjab, Haryana, Himachal Pradesh and Rajasthan having been issued certificate of Schedule Caste/Schedule Tribe should get benefit of reservation in their respective State and not in UT, Chandigarh. In favour of the above contention, the case of Sanjeev Kumar v. State of Bihar, (2016) 13 SCC 105 was referred according to which no person could take dual benefit by invoking reservation in two states by virtue of the fact that the person has migrated from one state to another.

The High Court quashed the admissions already made by the Government Medical College and directed a fresh counselling to be held. [Sabhya Kamal v. Union Territory, Chandigarh,  2018 SCC OnLine P&H 1046, order dated 24-07-2018]

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