Migrating from one state does not grant automatic Scheduled Caste benefits in another state, despite similar caste nomenclature.

1. The petitioner was appointed as Anganbadi Assistant by the Chief Executive Officer, Janpad Panchayat, Gourela. Her caste certificate (Scheduled Caste) issued by competent authority of the State of Madhya Pradesh was accepted and she was awarded ten marks against that. Her appointment was challenged by unsuccessful candidate by filing an appeal before the Additional Collector, Pendra Road. The appellate authority by its order dated 23.07.2014 allowed the appeal holding that the petitioner is not entitled for ten marks on the basis of caste certificate issued by the State of Madhya Pradesh relying upon the decision of the Supreme Court in the matter of Action Committee on issue of Caste Certificate to SCs / STs v. Union of India, 1994 (5) SCC 244 and set aside her appointment on the said post. Feeling aggrieved against that order, she preferred a revision before the Additional Commissioner, Bilaspur Division, Bilaspur. The revisional authority by its impugned order concurred with the appellate authority and dismissed the revision. Questioning the said order, the instant writ petition has been filed by the petitioner herein.

2. Mr. Prakash Tiwari, learned counsel appearing for the petitioner, would submit that the petitioner's caste is Kori , which is notified as Scheduled Caste in the State of Madhya Pradesh and also notified as Scheduled Caste in the State of Chhattisgarh and her marriage having been solemnized with Shri Naresh Kumar prior to the re - organization of the State of Madhya Pradesh, therefore, she is entitled for benefit of caste certificate issued by the State of Madhya Pradesh and the order passed by the Additional Collector and affirmed by the Additional Commissioner in revision is liable to be set aside.

3. On the other hand, learned counsel for respondents would support the impugned order.

4. I have heard the learned counsel for the parties, considered their rival submissions made hereinabove and also gone through the record with utmost circumspection.

5. In order to judge the correctness of the submissions raised at the Bar, it would be proper to take notice of Art.341 of the Constitution of India, which states as under:

“341. Scheduled Castes. -

(1) The President may with respect to any State or Union Territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the castes, races or tribes or part of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union territory, as the case may be.

(2) 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, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.”

6. A fair and close reading of Art.341 of the Constitution of India would show that President after consultation with the governor, where the States are concerned, by public notification, may specify the castes, races or tribes or part of or groups within castes, races or tribes, which shall be deemed to be “Scheduled Castes” in relation to that State under Art.341.

7. In exercise of power conferred by Clause I of the Art.341 of the Constitution of India, after consultation with the Governor and Rajya Pramukh of the State concerned Constitution (Scheduled Castes) Order, 1950 has been made. Part - IX of the said o