Satish K. Agnihotri and K.K. Sasidharan, JJ.

Introductory:

The Supreme Court in Marri Chandra Shekhar Rao v. Dean, S.G.S. Medical College, (1990) 3 SCC 130 and Action Committee on Issue of Caste Certificate to SC/ST in the State of Maharashtra and another v. Union of India and another, (1994) 5 SCC 244 declared the Law that a member of the Schedule Caste migrating from one State to another would not get the benefits ear marked for the Scheduled Caste of the migrated State.In S. Pusha v. Sivachanmugavelu, (2005) 3 SCC 1 while upholding the legality of the policy adopted by the Government of Pondicherry extending the benefit of reservation in public employment to migrant Schedule Castes, the Supreme Court once again re-iterated the legal position that in case a State or Union Territory makes a provision whereunder the benefits of reservation is extended only to such Scheduled Castes or Scheduled Tribes, which are recognised as such in that State or Union Territory, then such a provision would be perfectly valid. Most recently in Puducherry Scheduled Caste People Welfare Association v. Union Territory of Pondicherry, (2014) 9 SCC 236 while setting aside the Government Order issued by the Government of Pondicherry conferring reservation benefits to the Schedule Caste Origin of the Union Territory of Pondicherry, the Supreme Court indicated that the Scheduled Castes for the purposes of the Constitution in relation to the Union Territory of Pondicherry, so far as regards members thereof are "resident" in the Union Territory. (The Government Order was quashed on account of using the term "Origin" in the place of "resident" as it would amount to altering the Presidential order). Even after these authoritative judicial pronouncements, the Scheduled Castes from Tamil Nadu who have migrated to Pondicherry after the Presidential Order (notified on 5 March 1964) are claiming the benefits earmarked for the Scheduled Castes of Pondicherry while retaining their social status as Scheduled Castes in their State of Origin.

Facts:

2.(a) The Pondicherry Scheduled Caste People's Welfare Association along with a student aspiring for admission to the Biology based professional course against the seats reserved for Scheduled Caste candidates filed Writ Petitions in W.P. Nos. 17987, 19369 and 20675 of 2015 challenging the Biology Based Merit List published by the Centralised Admission Committee ("CENTAC" in short), Pondicherry in respect of reserved candidates and prayed for issuing a writ of Mandamus to extend the benefit of reservation to the children of migrated Scheduled Castes.

(b) The learned Single Judge by following the decision of the Supreme Court in Marri Chandra Shekhar Rao (supra) and Action Committee on Issue of Caste Certificate to SC/ST in the State of Maharashtra and another (supra) dismissed the writ petitions. Feeling aggrieved, the unsuccessful writ petitioners have come up with these two intra-court appeals.

(c) The writ petition in W.P. No. 19558 of 2015 is again at the instance of a candidate, who was denied medical admission under the reserved category on the ground that she is a migrated Scheduled Caste.

(d) The appellants made a claim that the Government of Pondicherry had been following the circulars issued by the Central Government treating both Scheduled Caste Origin and migrants alike. The Government extended the benefit of reservation in the matter of employment to those who have migrated to Pondicherry from the neighbouring States. There was no discrimination between Scheduled Caste Origin and Scheduled Caste migrant in Pondicherry. The policy adopted by the Government of Pondicherry to treat both Scheduled Caste Origin and Migrants equally was challenged before the Central Administrative Tribunal. The Tribunal accepted the case of the Scheduled Caste origin of Pondicherry and set aside the appointments of migrated Scheduled Caste Candidates. The said order was taken up before the Supreme Court in S. Pusha (supra). The