cpc

reservation after marriage in same caste but different state


My state of Origin is Rajasthan and living  with my husband in Punjab since marriage in April 2015.
Me and my husband both are same caste OBC and our caste is listed in OBC list of Both Rajasthan and Punjab. 
Am I eligible to get OBC quota in Punjab? If not then how can I get OBC quota in Rajsthan since I am not a Residence of Rajasthan anymore and I have my name enrolled in voterlist of Punjab. I have Punjab Residence certificate and OBC certificates issued in Both Rajasthan and Punjab.

 
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CEO

I don't understand your problem. You were born and bropught up in Rasjasthan and married some one in Punjab an d listed as OBC in both the states/ You can be con sidered for employment in both  the states as you belong to OBC categoory in both the states.Under Fundamenta  Rights Chaspter in Part III rticle 19 we can move or migrate through out the territories of India for business or employment unless fo security of state and other extraneous considerations.Non Local quota percemtage is also there in each state for OBC candidates. So under that quota you can get employment in the state of Rajasthan where you were born keeping aside the sons of soil policy.

 
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many thanks for the reply M'am.
Both states are denying quota. Both states have issued notfications for recruitment in Third Grade Teachers, around 7500 vacancies on Rajasthan and 4500 in Punjab. I fullfull all qualification of both states vacancies. But no state is accpeting my application under OBC. 

As per Rajasthan's  Notfication, I must be a residence of Rajasthan in order to get quota. and Tehsildar is not approving my Rajasthan Residence Certificate application saying I am a permanent residence of Punjab now. They don't issue residence certificates to girls married outside Rajasthan. My old residence certificate that was issued before marriage, has clearly written on it: "This certificate is NOT valid after marriage"

As per Punjab Govt's Notification only those candidates, whose parents are also Permanent Residence of Punjab and are born in Punjab, will get OBC quota. I can't prove my birth in Punjab so not eligbile as per this condition.

I have OBC certificates of both states and my name is listed in Voter's list of Punjab as well.

As per conditions of both states, I am not getting OBC quota in any of the two states. 

Please guide! Recruitment conditions of both states are contradictory. 

 
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CEO

Dear Client,

              You file a Writ of Mandamus against both Rajasthan and Punjab Governments in Punjab HNigh Court raising your con tnetions that candidates like you who'd be benefited by reservation under OBC quota would be highly prejudiced and these states policy is to deprive reservation to OBCs on extraneous considerations other than caste and  get issued directions to both the  states to consider your petition under Article 14, 15, 19 and  21(Right toi Life and Right To Livelyhood )and their discriminatory policy is defeating the very purpose of providing reservations to the downtrodden categories of  our society and to promote sons of soil policy which is against national integration..There should be positive discrimination in favour of certain classses like obc against opprerssion for a long time by upper castes and the Government in order to  bring equality  amonmgn all sections of socioety and all castes etc introduced positive discrimination and  affirmative action in the form of reservations. Politicians perpetuate votebank politics and divide castes and  've' been continuing  reservation for more than 65 years of time since the constituion came into force.To equalize unequal society due to caste, religion etc reservations are provided as Art 14 of constitution says Equality  before law and  equal protection  of laws. Once the Social and economic status of reserved quotas is raised in the society  reservations should be gradually  phased out. to bring in an egalitarian society.

 
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Respected M'am

I just found the exact similar case : Everything is same, the petitioner is from my caste and state are same, Punjab and Rajasthan. The respondent is Rajasthan Recruitment Agency called RPSC.

As per the decision of H'ble Highcourt of Jodhpur, Punjab Recruitment Board can't treat me OBC of Rajasthan and can't deny quota. 

https://indiankanoon.org/doc/1726150/
May we refer this decision while filing a writ petition. Can Punjab & Haryana High Court issue directions based on this decision. The case is exactly same as mine but states are opposite. The girl was from Punjab and married in Rajasthan. Her cast is in OBC list of both Punjab and Rajasthan.

Also approx. How much does it cost to file a write petition in Punjab and Haryana High Court?

Thanks

 
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CEO

Dear Client,

 

            You can go ahead with filing Writ  in P& H Highcourt citing the case quoted by you in your favor. An average Lawyer may charge about Rs.3000/- for filing a Writ.

 
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Advocate

Yes, you have sound grounds for filing the Writ Petition.

 
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my case is also same but difference is that i birth place bihar and i married in rajasthan. and belong to sc caste in bihar. authourities of rajasthan deny to make sc certificate in rajadthan. what shall i do???
 
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Your share is the great knowledge I have gathered, you are an important person I admire, thank you slitherio

 
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