08-17-2009, 10:47 PM
<!--QuoteBegin-->QUOTE<!--QuoteEBegin--><b>Migrant SC, STs, OBCs not entitled to reservation benefits: SC</b>
pioneer.com
PTI | New Delhi
SCs, STs and OBCs can not claim the benefits of reservation if they migrate from one State to another if the caste/tribe to which they belong are not recognized as a reserved community in the adopted State, the Supreme Court has ruled.
<b>Further, a migrant SC or ST also cannot claim a reserved status in OBC quota in another State, the apex court said.
</b>
"Persons belonging to a particular caste or tribe may suffer disadvantages in one State but may not suffer the same disadvantages in the other. Our Constitutional scheme, therefore, seeks to identify the social and economic backwardness of people having regard to the State or Union Territory as a unit.
"The same principle applies to even minorities as has been laid down by an eleven-judge bench of this court in TMA Pai Foundation and others case," a bench of Justices SB Sinha and Cyriac Joseph observed.
<b>The apex court made the remarks while dismissing the by certain migrant SC, STs candidates challenging the refusal of the Delhi administration to grant them benefits of reservation in Government jobs</b>.
The apex court also rejected the arguments of the petitioners Sarv Rural and Urban Welfare Society that the migrant SC/ ST candidates should be alternatively accommodated under the quota reserved for OBCs.
<b>"We are unable to accept the contention that the members of the Scheduled Castes and Scheduled Tribes notified as such in other States would come within the purview of the backward classes within the meaning of clause (4) of Article 16 of the Constitution,</b>" the bench
observed. <!--QuoteEnd--><!--QuoteEEnd-->
Sikhs are not minority in Punjab but they still are entitled for reservation in Punjab.
pioneer.com
PTI | New Delhi
SCs, STs and OBCs can not claim the benefits of reservation if they migrate from one State to another if the caste/tribe to which they belong are not recognized as a reserved community in the adopted State, the Supreme Court has ruled.
<b>Further, a migrant SC or ST also cannot claim a reserved status in OBC quota in another State, the apex court said.
</b>
"Persons belonging to a particular caste or tribe may suffer disadvantages in one State but may not suffer the same disadvantages in the other. Our Constitutional scheme, therefore, seeks to identify the social and economic backwardness of people having regard to the State or Union Territory as a unit.
"The same principle applies to even minorities as has been laid down by an eleven-judge bench of this court in TMA Pai Foundation and others case," a bench of Justices SB Sinha and Cyriac Joseph observed.
<b>The apex court made the remarks while dismissing the by certain migrant SC, STs candidates challenging the refusal of the Delhi administration to grant them benefits of reservation in Government jobs</b>.
The apex court also rejected the arguments of the petitioners Sarv Rural and Urban Welfare Society that the migrant SC/ ST candidates should be alternatively accommodated under the quota reserved for OBCs.
<b>"We are unable to accept the contention that the members of the Scheduled Castes and Scheduled Tribes notified as such in other States would come within the purview of the backward classes within the meaning of clause (4) of Article 16 of the Constitution,</b>" the bench
observed. <!--QuoteEnd--><!--QuoteEEnd-->
Sikhs are not minority in Punjab but they still are entitled for reservation in Punjab.