Back
SUPREME COURT OF INDIA
A.M. Ahmadi, P.B. Sawant, M.M. Punchhi, Yogeshwar Dayal and N.P. Singh, JJ.
Writ Petition (C) No. 898 of 1990
Decided On: 18.07.1994
Action Committee on Issue of Caste Certificate to scheduled Castes and Scheduled Tribes in the State of Maharashtra and Anr. Appellants
Vs.
Union of India (UOI) and Anr. Respondent
Counsel for the Parties
For Appellant/Petitioner/Plaintiff: Raju Ramachandran, Joseph Pookkatta, G.B. Sathe and A.S. Bhasme, Advs.
For Respondents/Defendant: K. Lahiri, Senior Adv., D.N. Mishra, Adv. for JBD & Co., Anil Katiyar, Binu Tamta, S.C. Birla and S.V. Deshpande, Advs.
Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 - Representation of Peoples Act, 1950 - Section 20,20(3),20(4),20(5) - Constitution of India,1950 - Articles 14,32,330,332,335,341,342 - Purposes of 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 same nomenclature is specified for purposes of Constitution to be a Scheduled Caste or a Scheduled Tribe in relation to that State will that person be entitled to claim privileges and benefits admissible to persons belonging to Scheduled Castes and/or Scheduled Tribes in State - Petitioners herein are aggrieved because state of Maharashtra has denied benefits and privileges available to Scheduled Castes and Scheduled Tribes specified in relation to that State to members of Scheduled Castes and Scheduled Tribes belonging to other States who have migrated from other States to State of Maharashtra - These benefits and privileges are denied on basis of certain circulars and letters issued by Government of India and consequential instructions issued by State of Maharashtra indicating that members belonging to Scheduled Castes and Scheduled Tribes specified in relation to any other State shall not be entitled to benefits and privileges accorded by State of Maharashtra unless concerned person is shown to be a permanent resident of State of Maharashtra on August in case of Scheduled Castes and September in case of Scheduled Tribes - These are dates on which President first promulgated Constitution Order and Constitution Order - Petitioners therefore contended that denial of benefits and privileges by State of Maharashtra is violative of fundamental rights conferred on citizens by Articles 14, 15(1), 16(2) and 19 of Constitution besides being contrary to letter and spirit of Articles 341 and 342 of Constitution - Petitioners contend that a bare perusal of Constitution Order and Constitution Order as amended by Scheduled Castes and Scheduled Tribes Orders Act would show same castes and tribes specified in respect of more than one State - Those belonging to Scheduled Castes and Scheduled Tribes wherever situate are economically backward - Besides on account of Social and economic backwardness they have to suffer a host of indignities and atrocities and are very often compelled to migrate from one State to another in search of livelihood or to escape wrath of then-oppressors - Earlier they did not experience any difficulty in obtaining caste/tribe certificates to secure benefits available to Scheduled Castes and Scheduled Tribes in State of Maharashtra - Situation however changed drastically after Government of India issued a communication addressed to Chief Secretaries to all State Governments/Union Territories - Whether he is ordinary residing in this State or not - Whether with or without modifications - Whether Caste/Tribe in question is Scheduled or not in relation to State/Union territory to which person has migrated - Of course this facility did not alter Scheduled Caste/Tribe status of person in relation to one or other State - Whether one who is recognised as a Scheduled Tribe in State of his origin continues to have benefits or privilege or rights in the State to which he migrates - Question therefore that arises in this case is whether petitioner can claim benefit of being a Scheduled Tribe in State of Maharashtra though he had as he states a Scheduled Caste certificate in State of Andhra Pradesh? - Whether petitioner was a Goudi and if yes institution may consider if he can be allowed to complete his studies in institution - Held, Articles 341 and 342 of Constitution and determine what expression in relation to that State read in conjunction with for purposes of this Constitution seeks to convey - After referring to provisions of Articles 14, 15 and 16 and decision of this Court in Pradeep Jain v. Union of India Constitution Bench took notice of fact that Scheduled Castes and Scheduled Tribes had to suffer social disadvantages and were denied facilities for development and growth in certain states - To grant equality in those States where they suffered and were denied facilities for development and growth certain protective preferences facilities and benefits in form reservation etc had to be provided to them to enable them to compete on equal terms with more advantageous and developed sections of community - It is not necessary to dilate on this point as Constitution itself recognises that members belonging to Scheduled Castes and Scheduled Tribes and other backward classes have to be given certain incentives preferences and benefits to put them on an even keel with others who have hitherto enjoyed a major share of facilities for development and growth offered by State so that former may in course of time be able to overcome the handicap caused on account of denial of opportunities - On interpretation of relevant provisions of Constitution this Court was clear in its view that legally speaking he was not entitled to admission in Scheduled Tribe quota - It was clarified that a Scheduled Caste/Tribe person who has migrated from State of origin to some other State for purpose of education employment etc will be deemed to be Scheduled Caste/Tribe of State of his origin only and will be entitled to derive benefits from that State and not from State to which he had migrated - By this clarificatory order forwarded to Chief Secretaries of all States/Union Territories only facility extended was that prescribed authority of State/Union Territory to which a person had migrated was permitted to issue certificate to migrant on production of genuine certificate issued to his father by prescribed authority of fathers origin provided that prescribed authority could always enquire into matter through State of origin if he entertained any doubt - Writ Petition Dismissed
JUDGMENT
A.M. Ahmadi, J.
1. 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 the Constitution which have a bearing on the question at issue.
2. In part XVI of the Constitution special provisions relating to certain classes including Scheduled Castes and Scheduled Tribes have been made. Article 330 and 332 provide for reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States. Article 335 enjoins that claims of Scheduled Castes and Scheduled Tribes shall be taken into consideration in making all appointments to services and posts in connection with the affairs of the Union or of a State. Article 338 provides for the appointment of a Special Officer for Scheduled Castes and Scheduled Tribes to investigate all matters relating to the safeguards provided for them and to report to the President upon the working of those safeguards. Then come Articles 341 and 342 which may be reproduced at this stage :
"341. Scheduled Castes. - (1) The President may with respect to any State or Union Territory, and where it is a State after consultation with the Governor thereof, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union Territory, as the case may be.
342. Scheduled Tribes. - (1) The President may with respect to any State or Union Territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union Territory, as the case may be."
3. Clause (2) of Article 341 empowers Parliament to include or exclude by law from the list of Scheduled Castes or Scheduled Tribes specified in the notification issued under Clause (1) any caste, race or tribe or part of or group within any caste, race or tribe. Similar provision is to be found in Clause (2) of Article 342 in relation to any tribe or tribal community, etc. Both these provisions further state that save as aforesaid a notification issued under Clause (1) of the respective Articles shall not be varied by any subsequent notification.
4. On a plain reading of Clause (1) of Articles 341 and 342 it is a manifest that the power of the President is limited to specifying the castes or tribes which shall, for the purposes of the Constitution, be deemed to be Scheduled Castes or Scheduled Tribes in relation to a State or a Union Territory, as the case may be. Once a notification is issued under Clause (1) of Articles 341 and 342 of the Constitution, the Parliament can be law include in or exclude from th
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
