1990 (5) TMI 235 - SC - Indian Laws

Summary

Issues Involved:
1. Entitlement to Scheduled Tribe status in a migrated state.
2. Interpretation of Articles 341 and 342 of the Constitution.
3. Impact of migration on Scheduled Tribe benefits.
4. Consideration of domicile requirements.
5. Legislative recommendations for migrated Scheduled Castes and Scheduled Tribes.

Summary:

Entitlement to Scheduled Tribe Status in a Migrated State:
The petitioner, born in Andhra Pradesh and belonging to the Gouda community recognized as a Scheduled Tribe in Andhra Pradesh, sought admission to medical colleges in Maharashtra under the Scheduled Tribe quota. Despite securing higher marks than other admitted Scheduled Tribe candidates, the petitioner was denied admission because he was not recognized as a Scheduled Tribe in Maharashtra.

Interpretation of Articles 341 and 342 of the Constitution:
The Court examined Articles 341 and 342, which specify that the President may declare certain tribes as Scheduled Tribes in relation to a particular state. The term "in relation to that State" implies that Scheduled Tribe status is specific to the state of origin and does not extend to other states upon migration.

Impact of Migration on Scheduled Tribe Benefits:
The Court held that a person recognized as a Scheduled Tribe in one state does not retain that status upon migrating to another state. This interpretation ensures that the benefits and reservations intended for the disadvantaged communities in a particular state are not diluted by migrants from other states.

Consideration of Domicile Requirements:
Although the petitioner had a domicile certificate indicating over 10 years of residence in Maharashtra, the issue of domicile was not raised in this writ petition. The Court focused on the interpretation of Article 342 and did not consider the domicile requirement in this context.

Legislative Recommendations for Migrated Scheduled Castes and Scheduled Tribes:
The Court suggested that appropriate legislation should be considered to address the educational and other benefits for Scheduled Castes and Scheduled Tribes who migrate due to employment or other involuntary reasons. This would ensure that their educational prospects are not jeopardized while balancing the rights of the local disadvantaged communities.

Conclusion:
The petitioner was not entitled to admission in Maharashtra's medical colleges based on his Scheduled Tribe status from Andhra Pradesh. However, considering the petitioner's educational progress, the Court directed the authorities to determine if he genuinely belongs to the Gouda community and if any facility for admission or continuance of study could be provided without affecting the rights of Maharashtra's Scheduled Tribes. The authorities were instructed to consider this matter expeditiously, keeping in mind the justice of the situation. The writ petition was disposed of with no order as to costs.