SC/ST quota ben­e­fit not al­lowed in two states: SC

No reser­va­tion in ed­u­ca­tion, jobs af­ter mi­grat­ing with­out no­ti­fy­ing caste

DNA (Delhi) - - INDIA -

New Delhi: The Supreme Court on Thurs­day held that a mem­ber of a Sched­uled Caste and Sched­uled Tribe com­mu­nity can­not claim the ben­e­fit of reser­va­tion in gov­ern­ment em­ploy­ment in other states if his or her caste is not no­ti­fied there.

A five-judge Con­sti­tu­tion bench headed by Jus­tice Ran­jan Go­goi unan­i­mously held that a per­son be­long­ing to Sched­uled Caste in one state can­not be deemed to be a Sched­uled Caste in other states where he mi­grated for the pur­pose of em­ploy­ment or ed­u­ca­tion.

The bench, which also com­prised Jus­tices N V Ra­mana, R Banu­mathi, M Shan­tanagoudar and Jus­tice S A Nazeer, held “A per­son no­ti­fied as Sched­uled Caste in state A can­not claim the same sta­tus in an­other state on the ba­sis that he is de­clared as Sched­uled Caste in state A.”

Jus­tice Banu­mathi, how­ever, dis­agreed with the ma­jor­ity view on the as­pect of ap­pli­ca­bil­ity of cen­tral reser­va­tion pol­icy on SC/ST in na­tional cap­i­tal ter­ri­tory, Delhi. The bench with a ma­jor­ity of 4:1 held that so far as Delhi is con­cerned, the cen­tral reser­va­tion pol­icy re­gard­ing SC/ST would be ap­pli­ca­ble here.

The ver­dict came on a batch of pe­ti­tions that had raised the is­sue whether a SC/ST in one state can seek reser­va­tion in an­other state where his caste is not no­ti­fied as SC/ST.

The bench was also seized of the ques­tion whether SC/ ST peo­ple of other state can seek quota ben­e­fits for gov­ern­ment jobs in Delhi.

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