Advocates:
ANIL KUMAR MISHRA-IVENKATESWARA RAO ANUMOLU

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 654 OF 2012

(Arising out of S.L.P (CIVIL) NO.4282 of 2010)

Rameshbhai Dabhai Naika

… Appellant

versus

State of Gujarat & Others

… Respondents

J U D G M E N T

Aftab Alam,J.

1. Leave granted.

2.

The question that once again arises before this Court is

what would be the status of a person, one of whose parents

belongs to the scheduled castes/scheduled tribes and the other

comes from the upper castes, or more precisely does not come

from scheduled castes/scheduled tribes and what would be the

entitlement of a person from such parents to the benefits of

affirmative action sanctioned by the Constitution. The Gujarat

High Court has proceeded on the basis that the issue is settled

by the decisions of this Court in Valsamma Paul v. Cochin

University and others, (1996) 3 SCC 545 followed by Punit Rai

v. Dinesh Chaudhary, (2003) 8 SCC 204 and Anjan Kumar v.

Union of India and others, (2006) 3 SCC 257. On the strength

of those three decisions the High Court upheld the order

passed by the Scrutiny Committee cancelling the tribal