K.S. Radhakrishnan, J.

Whether children born out of inter-caste married couple could claim the status of Scheduled Caste/Scheduled Tribe for the benefit of reservation in admission to educational institutions and in public employment on the mere fact that one of their parents belongs to Scheduled Caste/Scheduled Tribe is the question that is posed for our consideration.

2. We find that what has caused anxiety and even panic is the reluctance to accept the reality and the possible ramifications which such an adjudication might bring in in the community texture. Identification of scheduled tribes and scheduled castes in a State or Union Territory is a presidential prerogative as gatherable from Arts.341 and 342 of the Constitution of India. Nobody other than a person who is member of a caste/tribe can claim to be a scheduled caste or tribe. Therefore claim of a person born of intercaste marriage that he is a member of one or the other caste requires an adjudication. If he is found as a member of the caste or tribe, he is entitled to be recognised as such. If not, he is disentitled from making a claim. Therefore the issue is whether there is a mechanism for adjudging such clai