N.P.SINGH, YOGESHWAR DAYAL, A.M.AHMADI, P.B.SAWANT, M.M.PUNCHHI
State Of Maharashtra – Appellant
Versus
Union of India – Respondent
JUDGMENT
Ahmadi, J.- Where a person belonging to a caste or tribe specified for the purposes of the Constitution to be a Scheduled Caste or a Scheduled Tribe in relation to State A migrates to State B where a caste or tribe with the same nomenclature is specified for the purposes of the Constitution to be a Scheduled Caste or a Scheduled Tribe in relation to that State B, will that person be entitled to claim the privileges and benefits admissible to persons belonging to the Scheduled Castes and/or Scheduled Tribes in State B?, is the neat question raised in this petition brought under Article 32 of the Constitution by one Shri Devidas Kuberdas Kantharia in his personal capacity as well as in his capacity as the Chairman of Petitioner No. 1 Committee. The grievance sought to be projected in this petition, which has been brought in a representative capacity and by way of a Public Interest Litigation, is that State B denies the benefits and privileges admissible to such persons belonging to Scheduled Castes and Scheduled Tribes who have migrated from State A or any other State. Before we set out the specific nature of the grievance it may be advantageous to refer to the provisions in
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