The benefit of the reserve cannot be availed in two states simultaneously: Supreme

Jharkhand or Bihar are reserved in a single state

High court does not grant reservation in civil service as address is Bihar, Supreme Court quashes judgment

New Delhi: The Supreme Court has said in its judgment that a person falling into the category of reserves can claim the benefit of reserves in any state of Bihar or Jharkhand. However, after the restructuring in November 2000, the two states could neither benefit nor claim the benefits simultaneously.

Pankaj Kumar, a resident of Jharkhand, had filed an application in the Supreme Court challenging the earlier verdict. Pankaj Kumar, who falls in the SC category, was denied appointment by the High Court in the 2007 civil service examination in the state on the ground that his address states that he is a resident of Patna, Bihar. Which was later challenged in the Supreme Court.

Supreme Court Judge U.U. A bench of justices Lalit and Ajay Rastogi said it was clarified that a person can claim the benefit of the reserve in either of the two states, Jharkhand or Bihar.

Neither of the two states can simultaneously benefit nor claim it. At the same time, those who are residents of Bihar are allowed to participate in the general category without claiming in Jharkhand. At the same time, the judgment of the High Court in this case was quashed.

The apex court said that if the benefit of reservation was given to both the states simultaneously, it would be in violation of the provisions of Articles 341 (1) and 342 (1) of the Constitution. The court also directed that the petitioner Pankaj Kumar be appointed on the basis of the 2007 advertisement. They are also entitled to salary allowance and other benefits.