Supreme Court says SC/ST from one state cannot necessarily avail quota benefits from other states

Prabhakar Mishra, August 30, New Delhi: In a major development, members of 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, the Supreme Court today said.


A five-judge Constitution bench headed by Justice Ranjan Gogoi and comprised Justices N V Ramana, R Banumathi, M Shantanagoudar and Justice S A Nazeer, 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 said "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."


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.