The Supreme Court today held that a member of the Scheduled Caste and Scheduled Tribe community cannot claim the benefit of reservation in government employment in other states, if his or her caste is not notified in that state.
A five-judge Constitution bench headed by Justice Ranjan Gogoi unanimously held that a person belonging to Scheduled Caste in one state cannot be deemed to be a Scheduled Caste in other states, where he has migrated for the purpose of employment or education.
The bench also comprising Justices N V Ramana, R Banumathi, M Shantanagoudar and Justice S A Nazeer, held "A person notified as Scheduled Caste in state A cannot claim the same status in another state on the basis that he is declared as Scheduled Caste in state A."
However, Justice Banumathi disagrees with the majority view on the applicability of central reservation policy on SC/ST in national capital territory, Delhi.
The bench with a majority of 4:1 held that as far as Delhi is concerned, the central reservation policy regarding SC/ST would be applicable in the city.
The verdict came on a batch of petitions that had raised the issue whether a SC/ST in one state can seek reservation in another state where his caste is not notified as SC/ST.
The bench was also seized of the question whether SC/ST people of other states can seek quota benefits for government jobs in Delhi.
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