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SUPREME COURT OF INDIA
Ranjan Gogoi, CJI., Uday Umesh Lalit, K.M. Joseph, JJ.
Ranjana Kumari - Appellant
Versus
State Of Uttarakhand - Respondent
Civil Appeal Nos.8425 of 2013
Decided On : 01-11-2018
Caste Certificate - Scheduled Caste - The court held that the issuance of a caste certificate by the migrant State cannot dilute the rigours of the Constitution Bench Judgments, and therefore, the appellant cannot be recognized as a Scheduled Caste of the migrant State.
Fact of the Case:
The appellant, belonging to Valmiki caste (Scheduled Caste) of Punjab, married a person from the Valmiki caste of Uttarakhand and migrated to Uttarakhand. The State of Uttarakhand issued a certificate to the appellant, but the High Court rejected the claim.
Finding of the Court:
The court found no error in the order of the High Court to justify any interference and accordingly dismissed the appeal.
Issues: The issue was whether the appellant, who migrated to Uttarakhand, could be recognized as a Scheduled Caste of Uttarakhand based on the issuance of a caste certificate by the State of Uttarakhand.
Ratio Decidendi: The court relied on the Constitution Bench judgments in Marri Chandra Shekhar Rao vs. Dean, Seth G.S. Medical College & Ors. and Action Committee on Issue of Caste Certificate to Scheduled Castes & Scheduled Tribes in the State of Maharashtra & Anr. vs. Union of India & Anr., which held that the migrant cannot be recognized as Scheduled Caste of the migrant State solely based on recognition of the same caste in the migrant State.
Final Decision: The appeal was dismissed, upholding the decision of the High Court.
ORDER
1. We have heard the learned counsels for the parties and perused the relevant material.
2. The appellant who belongs to Valmiki caste (Scheduled Caste) of the State of Punjab married a person belonging to the Valmiki caste of Uttarakhand and migrated to that State. In the State of Uttarakhand under the Presidential Order 'Valmiki' is also recognized as a notified Scheduled Caste. The State of Uttarakhand issued a certificate to the appellant.
3. The appellant contended before the High Court that she was a Scheduled Caste of the State of Uttarakhand. The High Court having rejected the claim, the appellant is in appeal before us.
4. Two Constitution Bench judgments of this Court in Marri Chandra Shekhar Rao vs. Dean, Seth G.S. Medical College & Ors., (1990) 3 SCC 130 and Action Committee on Issue of Caste Certificate to Scheduled Castes & Scheduled Tribes in the State of Maharashtra & Anr. vs. Union of India & Anr., (1994) 5 SCC 244have taken the view that merely because in the migrant State the same caste is recognized as Scheduled Caste, the migrant cannot be recognized as Scheduled Caste of the migrant State. The issuance of a caste certificate by the State of Uttarakhand, as in the present case, cannot dilute the rigours of the Constitution Bench Judgments in Marri Chandra Shekhar Rao (supra) and Action Committee (supra).
5. We, therefore, find no error in the order of the High Court to justify any interference. The appeal is accordingly dismissed.
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