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Supreme Court of India 2021-08-19

Pankaj Kumar vs State of Jharkhand & Ors

Bench: 2 — Rastogi

In Brief

This case arose from the bifurcation of Bihar into Bihar and Jharkhand in 2000. Appellants who were residents of the unified State of Bihar, holding valid SC/ST/OBC caste certificates, applied for government posts in Jharkhand with reservation benefits. The State terminated their services or withheld appointments, arguing they were migrants and thus ineligible for reservation in Jharkhand. The Supreme Court held that such persons are not migrants within the established legal doctrine. Being residents of areas that became Jharkhand, and holding valid certificates from the unified State, they retain entitlement to SC/ST/OBC benefits in Jharkhand under the Reorganization Act. However, they cannot claim benefits simultaneously in both successor States. The appeals were partly allowed.

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Constitutional Law Scheduled Castes and Scheduled Tribes Reservation Policy State Reorganization Public Employment Service Law Fundamental Rights Administrative Law

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