SC/ST community of one state can’t claim benefits of quota in another state: SC

A five-judge Constitution bench headed by Justice Ranjan Gogoi unanimously held that a person belonging to Scheduled Caste or Scheduled Tribe in one state cannot be deemed to be a Scheduled Caste or Scheduled Tribe in other states where he migrated for the purpose of employment or education. But, if his or her caste is notified in the new state where he/she has migrated, then he/she can claim the benefits of quota.   The court, however, held that in Delhi the pan-India reservation rules for SC/ST would be debatable.

The verdict came on as many as eight petitions that had raised the issue whether an SC/ST community member 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 another state can seek quota benefits for government jobs in Delhi.

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.” The court also gave another perspective to the issue and said, “If a member of a Scheduled Caste/ Scheduled Tribe of Andhra Pradesh who had migrated to Maharashtra is to be given the benefit of reservation, it will amount to depriving a member of a Scheduled Caste/Scheduled Tribe of Maharashtra by reducing the reservation earmarked for them.”