Entitlement to admission in educational institutions for Scheduled Caste candidates is determined by the inclusion of their community in the list of Scheduled Castes for the specific region and their residency status.

V.K. Jain, J.

1. The issue involved in these writ petitions is as to whether a person belonging to a community, which is notified to be a Scheduled Caste in another State, is entitled for admission to I.P. Universi0ty, under the category of Scheduled Castes candidates (a) if the community to which he belongs is not notified as Scheduled Caste for Delhi, and (b) what would be the position if a community by the same name is notified as a Scheduled Caste for Delhi.

2. The petitioners in these writ petitions have been issued caste certificates by the Office of concerned Deputy Commissioner of Delhi, on the strength of the caste certificates issued to their respective fathers, by the State in which their respective community is notified as a Scheduled Caste. The certificates issued to the petitioners, however, do not disclose where the petitioners or their respective parents were permanently residing at the time of issue of Presidential Notification under Article 341 of the Constitution.

3. In support of their case, the learned counsel for the petitioners rely upon the decision of Supreme Court in S.Pushpa and Others v. Sivachanmugavelu and Others (2005) 3 SCC 1 and a Full Bench decision of this Court in Deepak Kumar and Ors vs. District and Sessions Judge, Delhi and Ors. 192(2012) DLT 602 (FB). The learned counsel for the University, however, submitted that neither the decision in S.Pushpa and Others (supra) nor the decision in Deepak Kumar and Ors (supra) applies for admission to a University/institute set up and founded by the Government of Delhi. He also submits that in fact neither S.Pushpa (supra) and Deepak Kumar and Ors (supra) deals with issue involved in these writ petitions since S.Pushpa (supra) dealt with employment under Pondicherry Administration, whereas Deepak Kumar and Ors (supra) dealt with employment under Delhi Government in the Office of District & Sessions Judge, Delhi. He further submits that a person belonging to a community which is notified as a Scheduled Caste/Scheduled Tribe in a State does not carry the aforesaid status on migrating to a State or Union Territory, as far as admission to the State Educational Institutions are concerned, and it is only the candidates belonging to such communities which are notified as Scheduled Caste/Scheduled Tribe for Delhi, are residents of Delhi and are issued certificate to this effect from Delhi, who are entitled to admission to the educational institutions of Delhi Government.

4. Article 15(1) of the Constitution provides that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. Clause (4) of the said Article, however, excludes from the aforesaid general provisions, inter alia, any special provision by the State for the advancement of the Scheduled Castes and the Scheduled Tribes. Clause (5) to the extent it is relevant, stipulates that nothing in the said Article shall prevent the State from making any special provision by law, for Scheduled Caste or Scheduled Tribes insofar as such special provisions relates to their admissions to the educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of Article 30.

5. Article 341 of the Constitution empowers the President to specify, with respect to any State or Union Territory, by public notification, the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of the Constitution be deemed to be Scheduled Castes in relation to that State or Union territory, as the case may be. Clause (2) of the said Article provides that the Parliament may, by law, include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1), any caste, race or tribe or part of or group within any caste, race or tribe. It also provides that within a