IMPORTANT POINT
Scheduled Caste status of a person has to be decided/determined with reference to the State/place where such person is settled permanently and not with reference to his State/place of origin.

Headnote:(i) Service Law-Appointment-Reservation to Scheduled Caste-Determination of caste status with reference to place of residence-Respondent belonged to Nuniya Community-Born and had studied in Bihar-Parents settled in Howrah District of West Bengal for more than 30 years-Nuniya Community declared as Scheduled Caste in West Bengal but not in Bihar-Respondent obtaining Scheduled Caste certificate from Howrah and securing appointment as SC candidate-Appellant Government s stand that since respondent s parents belong to Bihar respondent could not claim benefit of SC candidate-Held: for all intents and purposes respondent and his parents must be treated be ordinarily residing in State of West Bengal-Appellant rightly claimed status of Scheduled Caste-Concept of domicile with reference to change of nationality or change of domicile from one country to another cannot be imported to present case.
       Held : According to Para 5 of the Instructions to the candidates in the pamphlet issued for the Indian Administrative Service etc., Examinations published under the authority of the Government of India the Scheduled Caste Certificate has to be issued by the District Officer or the Sub-Divisional Officer etc. of the District in which the parents of the candidate "ordinarily reside". If the candidate himself is residing, for the purpose of his education, elsewhere, he is still required to produce the certificate of the District Officer etc. of the District in which his parents were "ordinarily residing". If, however, both the parents were dead, the candidate could submit the certificate of the District Officer etc. of the District in which the candidate himself was ordinarily residing" otherwise than for the purpose of education. (Para 8)
       Applying the requirements set out in Paragraph 5 of the "Instructions" to the facts of this case, it will be found that since the parents of the respondent were, admittedly, living in District Howrah for more than 30 years before the Examination in question was held, the District Officer or, for that matter, the Sub-Divisional Officer in the instant case, could legally issue the Caste Certificate and also certify that his parents were "ordinarily residing" in District Howrah. The mere fact that the respondent, for purposes of education, stayed in the State of Bihar and Graduated from a college in that State, would not affect the status of his parents who were already living in District Howrah for more than 30 years and consequently could be treated as "ordinarily residing" in District Howrah. Their status would not be affected by the temporary residence of the respondent, for the purpose of his education, in the State of Bihar. In such a situation, the respondent had no option but to obtain the Certificate from the Sub-Divisional Officer, Howrah, as he could not have deviated from the "Instructions" already issued by the UPSC. (Para 9)
       Considering the facts of this case in the light of the statutory provisions contained in Section 20 of the Representation of People Act, 1950 as also the provisions contained in paragraph 5 of the "Instructions", since the parents of the respondent were, admittedly, residing in District Howrah for more than 30 years, they would be treated to be "ordinarily residing" in that District and the mere fact that they held some property in a village in District Siwan in the State of Bihar would not affect their status. (Para 17)
       The concept of "domicile" as canvassed by learned counsel for the appellants with reference to change of nationality or change of domicile from one country to another, cannot be imported in the present case. Moreover, "Domicile" and "Residence" are relative concepts and have to be understood in the context in which they are used, having regard to the nature and purpose of the statute in which these words are used. We are principally concerned with the expression "ordinarily reside" as used in the Note to Paragraph 5 of the "Instructions" and the expression "ordinarily resident" used in Section 20 of the Representation of People Act, 1950. This Act and the Representation of People Act, 1951 both deal with the election matters including delimitation of constituencies, right to contest the election as also right to vote in a constituency. (Para 27)
       Notwithstanding that the parents of the respondent lived at one time in a village in District Siwan in the State of Bihar and that they owned some property also there, they had shifted to the State of West Bengal long ago and had been living there since then. For all intents and purposes, therefore, they shall be treated to be "ordinarily residing" in the State of West Bengal. For the State of West Bengal, the President, in exercise of his powers under Article 341(1) read with Article 366 (24) had already declared "Nuniya" Caste as a Scheduled Caste and, therefore, the respondent was rightly treated to be a Scheduled Caste candidate and was rightly appointed against a Reserved vacancy, after being declared successful at the examination held by the UPSC for the Indian Administrative and Allied Services in 1966. (Para 28)
       (ii) Words and Phrases- Ordinarily residing at a particular place-Meaning of. (Para 15)
       (iii) Domicile-Concept of-Domicile and residence-Difference between-Domicile in Private International Law-Meaning of.
       Etymologically, "residence" and "domicile" carry the same meaning, inasmuch as both refer to the `permanent home , but under Private International law, "domicile" carries a little different sense and exhibits many facets. In spite of having a permanent home, a person may have a commercial, a political or forensic domicile. `Domicile may also take many colours; it may be the domicile of origin, domicile of choice, domicile by operation of law or domicile of dependence. In Private International Law, "domicile" jurisprudentially has a different concept altogether. It plays an important role in the Conflict of Laws. (Para 25)
       (iv) Caste-Scheduled Caste-Determination of status of-Person born in one State and settled in another State-His caste declared as Scheduled Caste in State where he is settled but not in State of his origin-Held: S.C. status should be determined with reference to place where he is settled. (Paras 8, 9, 26, 27 & 28)

JUDGMENT

S. Saghir Ahmad, J.-Respondent is a member of the Indian Administrative and Allied Services. He was appointed in 1968 against a reserved vacancy as he was treated to belong to "Nuniya" community which was declared to be a Scheduled Caste community in the State of West Bengal and not in the State of Bihar where the respondent was born and had his schooling throughout even upto Graduate level. It was for this reason that the Comptroller and Auditor General wrote to the respondent that he cannot be treated as a member of the Scheduled Caste community. This letter was received by the respondent while he was working as Deputy Accountant General and had been selected for Post Graduate Diploma Course in Financial Studies in the United Kingdom under Colombo Plan. While he had made all preparations and even purchased the air-ticket to proceed to the United Kingdom, he received the above letter which scuttled his programme.

2. Respondent, at that stage, approached the Central Administrative Tribunal where he contended that he belonged to "Nuniya" caste and the Caste Certificate produced by him at the time of his examination, which was duly checked and verified by the Union Public Service Commission (`UPSC , for short), had been properly issued by the Sub-Divisional Officer, Howrah, as his parents had been residing in that State for over 30 years prior to the date on which the examination was held by the Union Public Service Commission. His contention was accepted by the Judicial Member of the Tribunal, but the Administrative Member did not agree and gave a dissenting judgment. Consequently, the matter was referred to the Chairman who, by his judgment and order dated 15.12.1987, which is impugned in this appeal, agreed with the Judicial Member and found that the respondent did belong to the "Nuniya" caste, which was duly notified as a Scheduled Caste in the State of West Bengal. It was further found that the ordinary place of residence of the parents of the respondent was Howrah from where the Caste Certificate was produced by the respondent, which was a proper and valid certificate. The Claim Petition was allowed with these findings and it is against this judgment that the Union of India has come in appeal before us.

3. Shri P.P. Malhotra, learned Senior Counsel for the Union of India has contended that in allowing the Claim Petition the Tribunal committed a manifest error in not considering the true impact of the vital fact that the respondent was born in a village in Siwan District in the State of Bihar where he also received his early education. He also graduated from a University in Bihar and, therefore, for all intents and purposes, he was to be treated as a member of "Nuniya" community of Bihar, which, for that State, had not been declared to be a Scheduled Caste.

4. Learned counsel for the respondent, on the contrary, submitted that in view of the admitted position that the parents of the respondent were residing in District Howrah for over 30 years prior to the date on which the examination was held by UPSC, their place of ordinary residence was District Howrah and, therefore, the Caste Certificate issued by the Sub-Divisional Officer, Howrah, was proper and valid and on that basis he was rightly allowed to appear in the Examination and on being selected, was properly appointed to the Service.

5. The facts which have been found established by the Tribunal are:

(a) The respondent and his parents, ADMITTEDLY, belong to the "Nuniya" Caste, which has been declared as a "Scheduled Caste" in the State of West Bengal but not so in Bihar.

(b) The parents of the respondent were living in District Howrah in West Bengal continuously for more than 30 years before the respondent joined the Indian Administrative and Allied Services.

(c) The parents of the respondent, before coming to West Bengal, were living in Village Chanchopali in Siwan District in the State of Bihar where they also ow

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2000 Supreme(SC) 22

IMPORTANT POINTScheduled Caste status of a person has to be decided/determined with reference to the State/place where such person is settled permanently and not with reference to his State/place of origin.

Cases Referred (1)

IMPORTANT POINT
Scheduled Caste status of a person has to be decided/determined with reference to the State/place where such person is settled permanently and not with reference to his State/place of origin.