Cannot claim SC & ST quota benefit in two states, says Apex court

New Delhi: The Supreme Court on Thursday held that a member of a Scheduled Caste and Scheduled Tribe community could not 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 could not be deemed to be a Scheduled Caste in other states where he migrated for 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."

Justice Banumathi, however, disagreed with the majority view on the aspect of applicability of central reservation policy on SC/ST in the 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 an 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 states can seek quota benefits for government jobs in Delhi.

The Supreme Court on Thursday also reserved its verdict on a batch of petitions seeking that a seven-judge bench reviews its 2006 judgment which had put conditions for granting quota benefits for job promotions to SC/ST employees.

A five-judge constitution bench headed by Chief Justice Dipak Misra reserved its verdict after hearing various stakeholders, including the Centre, on the matter.