TaxTMI 
TaxTMI 
2003 (8) TMI 535
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....ion for Combined State/Upper Subordinate Examination, the respondent herein submitted his application as a Scheduled Tribe candidate. He passed the preliminary and main examination held in June/July, 1996. He was called for interview for consideration to the post of History Lecturer in the vacancy reserved for Scheduled Tribes. In the results published on 14.11.1996, the respondent was declared successful. However, it is the case of the Service Commission that on a recheck of the documents furnished by the respondent, it was found that the Naga tribe to which the respondent belongs is not a recognised Scheduled Tribe in the State of U.P. In the Presidential order issued under Article 342 of the Constitution as well as the State Government's....
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....g service in the Army, settled down at Allahabad. The respondent, pursued his studies in Allahabad. Based on the certificates issued by the Nagaland authorities, the Tehsildar, Sadar, Chial Tehsil, Allahabad issued a certificate on 18.1.1996 to the effect that the respondent "has been accorded recognition as Scheduled Tribe-Naga as per the Scheduled Tribes Order of 1970 relating to Nagaland". Thus, the certificate affirms the fact that respondent is a Naga tribal which is a notified Scheduled Tribe in the State of Nagaland. During the pendency of the writ petition, the genuineness of the certificate issued by the Nagaland authorities was confirmed through enquires made with the Nagaland authorities. The question is whether respondent can c....
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.... that question in the negative. Interpreting Articles 341 and 342, the Court observed: "What is important to notice is that the castes or tribes have to be specified in relation to a given State or Union Territory. That means a given caste or tribe can be a Scheduled Caste or a Scheduled Tribe in relation to the State or Union Territory for which it is specified." After referring to another decision of the Constitution Bench in Marri Chandra Shekhar Rao Vs. Dean, Seth G.S. Medical College [(1990) 3 SCC 130], Ahmadi, J. speaking for the Court observed thus: "We may add that considerations for specifying a particular caste or tribe or class for inclusion in the list of Scheduled Castes/Scheduled Tribes or backward classes in a given State w....
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.... Scheduled Tribes belonging to a particular area of the country must be given protection so long as and to the extent they are entitled to, in order to become equals with others but those who go to other areas should ensure that they make way for the disadvantaged and disabled of that part of the community who suffer from disabilities in those areas." The same view was taken in a recent decision in Municipal Corporation of Delhi Vs. Veena [(2001) 6 SCC 571], though it was a case of OBCs. Suffice it to quote the following passage occurring in that judgment. " The matters that are to be taken into considerationfor specifying a particular caste in a particular group belonging to OBCs would depend on the nature and extent of disadvantages and....
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.... the person concerned had migrated and not in relation to the State/Union Territory to which he had migrated. Therefore, the migrant would not be entitled to derive benefits in the State to which he had migrated on the strength of such a certificate. This was reiterated in a subsequent letter dated 15.10.1987 addressed to Smt. Shashi Misra, Secretary, Social Welfare, etc., in the State of Maharashtra. In paragraph 4 of that letter it was specifically stated: "Further, a Scheduled Caste person, who has migrated from the State of his origin, which is considered to be his ordinary place of residence after the issue of the first Presidential Order, 1950, can get benefit from the State of his origin and not from the State to which he has migrat....