Women migrating to state after marriage entitled to EWS: HC
Jodhpur, March 1 -- The Rajasthan high court recently ruled that women who migrate to the state after marriage are entitled to reservation in government jobs under the Economic Weaker Section (EWS) quota.
The court clarified that EWS reservation is based on economic criteria and has nothing to do with caste or social backwardness, and therefore women cannot be excluded on the basis of migration.
A division bench of Justice Dr. Pushpendra Singh Bhati and Justice Sandeep Shah dismissed the state government's appeals arguing that women who migrated from other states were not natives of Rajasthan and therefore could not be granted reservation.
"The consideration was that a person may belong to the SC/ST category in one particular state considering the circumstances prevailing there, but in the migrated state, the same caste or tribe may not be treated as SC/ST, and even if it is, the circumstances for such recognition may be different. The apex court had particularly considered whether, upon migration, the special rights granted in the original state would continue," court said in an order issued on February 26.
It observed that the expression "in relation to that state" would become meaningless if special privileges granted to SC/ST categories were automatically carried forward to all states.
It also observed that such a situation would be inconsistent with the overall scheme of reservation. "On this basis, the Apex Court held that reservation benefits based on social and educational backwardness cannot be extended after migration. However, as far as EWS is concerned, it has been treated as a separate category by the Apex Court itself," said the court....
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