Dr. S.N. Pathak, J.

1. The petitioner has approached this Court for quashing of the order contained in Memo No. 4422 dated 20.08.2019 issued by the Jharkhand Staff Selection Commission with respect to the petitioner, whereby and whereunder, the Jharkhand Staff Selection Commission took a decision that the candidature of the petitioner shall be considered only against the vacancy of unreserved category due to reason that she had not submitted the caste certificate issued on the basis of her parentage before 25.04.2017. Further, prayer has been made for a direction upon the respondents to grant full legality and validity of the caste certificate dated 19.01.2017 issued by the Competent Authority of Uttar Pradesh Government in favour of the petitioner, showing her father's name and address and subsequent to that to act in consonance and conformity of that caste certificate and consider the case of the petitioner for her appointment against the post of Graduate Trained Teacher in Reserve Category of Scheduled Caste and to issue appointment letter in favour of the petitioner. Further, prayer has been made for issuance on a writ of mandamus to explain as to how and under what circumstances, the respondents have discriminated the case of the petitioner having similar facts and circumstances to that of one Subi Kumari bearing Roll No. 1412614237.

2. The case of the petitioner lies in a narrow compass. An Advertisement being Advertisement No. 21/2016 was floated by the Jharkhand Staff Selection Commission for appointment to the post of Graduate Trained Teacher in different subjects in Govt. High Schools. The petitioner fulfilling all the eligibility criteria, applied for Garhwa District in Sanskrit subject under Scheduled Caste Category. The petitioner was issued Caste Certificate vide Certificate No. JHCC/2017/215672 dated 22.03.2017 by the Office of Sub Divisional Officer, Garhwa, declaring her to be a member of Caste/Sub-caste under Scheduled Caste for the State of Jharkhand and petitioner was issued caste certificate vide Certificate dated 19.01.2017 by the Authorities of Govt. of Uttar Pradesh, declaring her as a member of Scheduled Caste. It is specific case of the petitioner that subsequently, admit card was issued under the Scheduled Caste category and she appeared in the written test, in which she was declared successful for the Sanskrit subject in Garhwa District and petitioner was directed to appear on 26.10.2018 for verification of the original certificates. Pursuant to the same, she appeared on the date specified for verification of the testimonial. Thereafter, vide Letter dated 02.11.2018 issued by the Controller of Examination, Jharkhand Staff Selection Commission, the petitioner was directed to file original B.Ed. Certificate and Caste Certificate issued in the name of her father latest by 12.11.2018 as aforesaid papers were not produced by her during the course of document verification. In compliance of said letter, on 08.11.2018, she submitted all the documents before the Controller of Examination, JSSC, Ranchi. Thereafter, results were published and recommendation for appointment to the post of Combined Graduate Trained Teacher in the District of Garhwa was made successful and candidates were appointed, but surprisingly the name of the petitioner did not find place in the list of selected candidates. After scrutiny of objections received from the Stake holders and verification of documents, the JSSC vide notice dated 20.08.2019 published the list of candidates, whose appointment were denied with reasons in which the name of the petitioner was appearing at Sr. No. 10 wherein it was stated that the petitioner failed to produce valid caste certificate in terms of Clause 4(ka) of Memo No. 235 dated 20.01.2019 issued by DoPT, her candidature was confined for considered under Unreserved Category, whereas on similar footing, candidature of one Subi Kumari, bearing roll No. 14126142374, who had also submitted caste Certificate issued by the SDO, Bikarmganj, Bihar was considered and she was appointed to the post of Graduate Trained Teachers in Govt. Schools under SC Category. Hence, the petitioner has been constrained to knock the door of this Court.

3. Assailing the impugned order, Mr. Rajendra Krishna, learned counsel for the petitioner submits that the action of the respondents in confining the case of the petitioner under Unreserved Category without considering the Caste Certificate issued by the Jharkhand as well as the Uttar Pradesh, is totally illegal, arbitrary and unconstitutional in the eyes of law. This is also a case of discrimination on the ground that candidature of one Subi Kumari, who has submitted caste certificate issued by the SDO, Bikramganj, Rohtas, Bihar was accepted and she has been appointed after giving the benefits of reservation by the respondents, but the case of the petitioner has been rejected on the ground that the caste certificate issued by the authorities of the State of U.P., is not valid for extending the benefits of reservation in terms of advertisement, whereas the petitioner was having the caste certificate issued by the Authorities of State of Jharkhand, but the same was also not considered by the respondents. He further submits that the respondents are duty bound to act in a proper and fair manner in determining the caste category of petitioner and to accept her caste in S.C. category and to extend the benefit of reservation in her case also. He further submits that the petitioner is permanently residing in this State after marriage and since the 'Dabgar' caste to which the petitioner belongs to Scheduled Caste in the State of Jharkhand as well as Uttar Pradesh, the respondents ought to have been considered the case of the petitioner for appointment to the said post after giving the benefit of reservation is recognized under SC Category.

4. Per contra, counter-affidavits have been filed by the Respondent-State as well as Respondent-JSSC.

5. Mr. Sanjoy Piprawal, learned counsel appearing on behalf of the respondent-JSSC and Mrs. Shruti Shrestha, learned counsel appearing on behalf of the respondent-State jointly submits that since the petitioner failed to submit valid caste certificate, the benefits of reservation was not extended to her and her candidature was considered under Unreserved Category. The petitioner has secured less marks than the marks obtained by the last successful candidate in unreserved category and as such, she was not declared as successful. The caste certificate issued by the Authorities of State of Uttar Pradesh is not valid for extending the benefits of reservation in terms of the Advertisement. Further, the caste certificate issued by the SDO, Garhwa, State of Jharkhand is also not valid for extending the benefits of reservation to the petitioner as the same has been issued in her husband's name and for claiming the benefits of reservation, the caste certificate has to be issued in the name of her/his father. It is well settled law that benefits of reservation can only be extended to the permanent resident of the State and resident of another State cannot be granted benefits of reservation in the migrated state. Mr. Sanjoy Piprawal, learned counsel for the respondent-JSSC submits that due to inadvertence the name of said Subi Kumari was recommended for appointment in SC Category, but in the facts and circumstances of the case, she is not entitled for benefits of reservation and as such, if any recommendation is made by mistake that will not create any right in favour of other candidates. The petitioner is a resident of State of Uttar Pradesh and after marriage in same community, she has obtained local resident certificate as well as Caste Certificate issued by the SDO, Garhwa. The respondent-State has also issued a Circular that a Scheduled Caste/Scheduled Tribe person, who has migrated from the State of origin to the other State for the purpose of seeking education, employment etc. will be deemed to be a Scheduled Caste/Scheduled Tribe of the State of his origin and will be entitled to derive the benefits from the State of origin and not from the State to which he has migrated.

6. Be that as it may, having gone through the rival submissions of the parties and on perusal of the records, it appears that the petitioner produced a caste certificate on the date of verification, showing that she is wife of a gentleman residing at Garhwa and that, she belongs to 'Dabgar', community which is a Scheduled Caste of the State. There is no dispute that the petitioner is a daughter of a person, who belongs to Dabgar caste and also there is no dispute that she belongs to the said caste. Later on, she submitted a caste certificate issued by the Authorities of State of Uttar Pradesh. As the father of the petitioner is a resident of the State of U.P., in that view of the matter, the petitioner is also a Scheduled Caste of the State of U.P., not the State of Jharkhand. The petitioner has migrated to the State of Jharkhand after having married a resident of this State. Law is well settled that the right of a Scheduled Caste is created on the date he or she is born. Since that right is affixed with the birth of the person, the same is affixed with the State in which such right has accrued. The petitioner, therefore, as a member of Scheduled Caste Community, acquired rights applicable to members of the Scheduled Caste Community of the State of U.P. on and simultaneously with her birth in State of U.P. The moment, she migrated to the State of Jharkhand, whether on being married or otherwise, she did not bring with her the right that she acquired in the State of U.P.. So far as the State of Jharkhand is concerned, she never acquired any such right. The issue fell for consideration before the Hon'ble Apex Court in case of Ranjana Kumari Vs. State of Uttarakhand & Ors., reported in (2019) 15 SCC 664, [LQ/SC/2018/1411 ;] wherein the Hon'ble Apex Court has held that 'merely because in the migrant State the same caste is recognized as Scheduled Caste, the migrant cannot be recognized as Scheduled caste of the migrant State'.

7. As a cumulative effect of the aforesaid rules, guidelines and judicial pronouncement, there is no scope of interference with the decision of the respondent-JSSC as well as Respondent-State that the candidature of the petitioner was treated as unserved category for the said post on the ground that the petitioner failed to submit a valid caste certificate for extending the benefits of reservation in the State of Jharkhand in terms of the Advertisement.

8. Accordingly, the writ petition stands dismissed. No order as to costs.