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2006 Supreme(Del) 210

MARKANDEY KATJU, MADAN B.LOKUR
UOI – Appellant
Versus
B. R. AMBEDKAR MEMORIAL FUND – Respondent


MARKANDEYA KATJU, C. J.

( 1 ) ALLOWED. LPA No. 802/2004

( 2 ) THIS writ appeal has been filed against the impugned judgment of the learned Single Judge dated 5. 7. 2004.

( 3 ) HEARD Counsel for the parties and perused the record.

( 4 ) THE facts in detail have been set out in the judgment of the learned Single judge and hence we are not repeating the same except where necessary.

( 5 ) THE short question in this case is that whether a person who has obtained an SC/st certificate from some State migrates to the Union Territory of Delhi is entitled to the benefit of the notifications dated 21. 8. 2003 and 27. 8. 2003 and whether those notifications are valid.

( 6 ) WHEN a person who gets an SC/st certificate from State a migrates to state b he no doubt will not get the benefit of the SC/st certificate from State a and he will have to obtain another SC/st certificate from State b . The legal position is, however, different when a person who has got an SC/st certificate from state A migrates to a Union Territory. This matter is now covered by the judgment of the Supreme Court in S. Pushpa and Others. v. Sivachanmugavelu and Others, II (2005) SLT 355= (2005) 3 SCC 1.

( 7 ) IN S.





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