The Supreme Court on Thursday said that a person belonging to Schedule Caste (SC) and Schedule Tribe (ST) in one state cannot claim to have the benefits of the community in other state as well until unless their caste is recognised and notified in that state.
There will be no Reservation in Job and Education Sector in the Migrating state, The ruling is in line with the past government according to which SCs/ STs will not lose their SC/ ST status in their state of origin and will be entitled to reservation benefits there, but not in the state to which they have migrated if their caste is not notified there.¬†This decision has been taken keeping in mid the fact that if reservation is offered in the migrating state as well then they would eat up the the quota meant for Native SC/ST Tribe in that state.
¬†a five-judge Constitution bench HEADED BY Justice Ranjan Gogoi, SAID that ‚Äúa person who is recognised as a member of Scheduled Castes/ Scheduled Tribes in his original state, will be entitled to all the benefits of reservation under the Constitution in that state only, and not in other states/ union territories THEY MIGRATE TO.
The Bench also added that a person Migrating for Job and Education from one state to another is not deemed to be Schedule Caste/ Schedule Tribe person in the other state. They also added that a tribe in added in the list of SC/ST Depending on the situation and hardships they have to suffer in their state and it is not necessary that they are bound to face a similar situation in the migrating state. And the right to add a tribe in this list in only in the hand s of the President of the country, even the Court cannot order Addition or Deletion of any Tribe in that List.
But PAN INDIA RESERVATION would apply in the case of Delhi, this means that in Delhi, for both Central services and those under union territory, Reservation will be open to SC/ST from across the nation.¬†
A lot of Petitions have been filed, so far people are Questioning 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, and also whether SC/ST people of another state can seek quota benefits for government jobs in Delhi??