Bombay High Court
Marry Chandra Shekar Rao
Versus
Dean, Seth G.S.Medical College
Decided On:

Headnote:Articles 14, 15 (4), 16, 19,21 341, 342-Scheduled Caste or Scheduled tribe- Benefits and previleges of rights as being of such caste or tribe- Persons recognised as such in State of his birth migrating to other State-Other Slate not rceognising their caste or Tribe as Scheduled Caste or Scheduled Tribe-Whether in migrated State such persons continue to have same benefit and privileges as member of Scheduled Caste or Scheduled Tribe- When migration is involuntary-Held, such persons do not continue to have same benefit and privileges.

       Having regard however to the purpose and the scheme of the Constitution which would be just and fair to the Scheduled Castes and Scheduled Tribes not only of one State of origin but other States also where the Scheduled Castes and Scheduled Tribes migrate in consonance with the rights of other castes or other community, rights should be harmoniously balanced. Reservations should and must be adopted to advance to prospects of weaker sections of society, but while doing so care should be taken not to exclude the legitimate expectations of the other segments of the community.

       But so far as the present Constitution stands, a member of a scheduled tribe going outside the scheduled area or tribal area would certainly not be entitled to carry with him the privilage that he is entitled to when there is residing in a scheduled area or tribal area. It will be practically impossible to enforce the provisions that apply to tribal areas or scheduled areas in areas other than those which are covered by them.

       The question of the fate of those scheduled caste and scheduled tribes students who get the protection of being classed as scheduled caste or scheduled tribes in the States of origin when because of transfer or movement of their father or guardian business or service they move to other States as a matter of voluntary transfer will they be entitled to some sort of protective treatment so that they may continue or pursue their education. Having considered the facts and circumstances of such situation. It appears that where the migration from one State to other is involuntary by force of circumstances either of employment or of profession in such cases if students or persons apply in the migrated State without affecting prejudicially the rights of the scheduled castes or scheduled tribes in those State or areas, any facility or protection for continuance of study or admission can be given to one who has so migrated then some consideration is desirable to be made on that ground. It would, therefore, be necessary and perhaps desirable for the legislatures or the parliament to consider appropriate legislations bearing this aspect in mind so that proper effect is given to the rights given to scheduled castes and scheduled tribes by virtue of the provisions under Arts. 341 and 342 of the Constitution. This is a matter which the State legislatures or the Parliament may appropriately take into consideration.

       Having so held, now the question is, as to what is to happen to the petitioner in this case. As held, the petitioner is not entitled to be admitted to the Medical College on the basis that he belongs to scheduled tribe in his original Slate. The petitioner has, however, been admitted. He has progressed in his studies. But he had given an undertaking that he will not insist on the basis of an undertaking given after he has not Succeeded in this application: it would be a bad precedent. Court must, however, do justice. The boys educational prospects should not be jeopardised since he has progressed to a certain extent and disqualifying him at this stage or this year on the ground that he is n0t entitled to the protection of Scheduled Caste or Scheduled Tribe, would not confer any commensurate benefit to scheduled castes or scheduled tribes in Maharashtra or for that matter on anybody else. It is, therefore, desirable that the question whether he is genuinely belonging the Gouda Community and whether this Community is a Scheduled caste or Scheduled tribe should be first properly and appropriately determined. As mentioned hereinbefore, Court does not examined this question. After determining that whether after making provisions for the Scheduled castes and Scheduled tribes of Maharashtra if any facility of admission or continuance of study can be given in the Medical College in Maharashtra to the petitioner herein, the authorities in charge of the institution should consider the same and if on that petitioner to continue in his studies, they may do so.

       For Citation : (1990) 92 Bom LR 294 at pp, 302, 303 (SC)J