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The Supreme Court on Thursday held that a member of a 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 there.
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 migrated for the purpose of employment or education.
The bench, which also comprised 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.”
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Justice Banumathi, however, disagreed with the majority view on the aspect of applicability of central reservation policy on SC/ST in national capital territory, Delhi.
The bench with a majority of 4:1 held that so far as Delhi is concerned, the central reservation policy regarding SC/ST would be applicable here.
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 state can seek quota benefits for government jobs in Delhi.
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