JUDGMENT - C. MOOKERJEE, C.J.:---Their Lordships the Hon'ble Mr. Justice Mohta and the Hon'ble Mr. Justice Ratnaparkhi, JJ., have referred the Writ Petition No. 5164 of 1988 (transferred from Nagpur Bench Writ Petition No. 16 of 1984) to the Full Bench for determination of the following point:

"Whether the term 'in relation to the State' in Article 341(1) of the Constitution enures to the benefit of the Schedule Caste only within territorial area of that State, or whether a declaration of Scheduled Caste under the Constitutional order enures to the benefit of Scheduled Castes for whole of the country and not restricted to the particular State".

Mohta and Ratnaparkhi, JJ., were unable to agree with the view taken, by an earlier Division Bench of this Court in the case of (Wasudeo v. Union of India)1, 1973 Mh.L.J. 994 regarding the interpretation of the said expression "in relation to the State" in Article 341(1) of the Constitution. C.A. No. 5069 of 1988 has been heard along with the Full Bench Reference.

2. Kumari S. Malathi the petitioner in Writ Petition No. 16 of 1984 (renumbered as Writ Petition No. 5168 of 1988) belongs to Adi Dravida caste. The said Adi Dravida has been specified as a Scheduled Caste in Part XVI of the Scheduled (which relates to Tamil Nadu) to the Constitution (Scheduled Castes) Order, 1950 made by the President in exercise of his powers under Article 341(1) of the Constitution and as amended under Article 341(2) from time to time by the Parliament of India. The said caste Adi Dravida has not been however included in Part X of the Scheduled to the said Constitution (Scheduled Castes) Order of 1950 which has specified the Scheduled Castes in relation to Maharashtra.

3. At the material time the father of the petitioner Kumari S. Malathi was employed in the Indian Bureau of Mines, Government of India at Nagpur. Claiming to belong to Scheduled Caste she had applied for admission to Bachelor of Dental Medicine and Surgery course 1983-84 in the Government Dental College and Hospital at Nagpur against a seat reserved for Scheduled Caste students. She was given provisional admission to the said course subject to the verification of her caste. The authorities for caste verification, had however refused to grant the writ petitioner a certificate to the effect that she was Scheduled Caste in the State of Maharashtra because in the Constitution (Scheduled Castes) Order, 1950 her caste Adi Dravida was not specified as a Scheduled Caste in relation to Maharashtra State. Only because her caste Adi Dravida was specified as a Scheduled Caste in relation to Tamil Nadu did not entitle to her to claim she was a Scheduled Caste also in Maharashtra.

4. Kumari S. Malathi has thereupon filed the present Writ Petition before Nagpur Bench of this Court. Under interim orders granted by Court, she was admitted in a seat reserved for Scheduled Caste students and was allowed to prosecute her studies in the B.D.S. course at Nagpur Government Dental College and Hospital. She has in fact already completed the course and has been admitted and has been admitted to the Degree of B.D.S. Under further interim orders made by Court, the petitioner has been made a Clinical Assistant in order to enable her to read in the Post/Graduate course. Kum. Manjusha G. Waghmare would have been entitled to be appointed to the said post of Clinical Assistant in the event no Schedule Caste candidate was available, but as the petitioner was appointed to the said post. Kum. Manjusha Waghmare was not given the said post. She has been allowed to intervene in this matter.

5. The Writ Petition No. 3827 of 1987 has been directed to be placed for hearing along with Writ Petition No. 16 of 1984 (renumbered as Writ Petition No. 5164 of 1988). Kempanna belongs to Adi Karnataka caste which has been specified in the Constitution (Scheduled Castes) Order, 1950 as a Scheduled Caste in relation to Karnataka State. But in the said Order of 1950 his caste Adi Karnataka has not be

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