SC/STs can’t claim reservation benefit in 2
states: Apex court
New
Delhi, August 30, 2018: Scheduled
Caste and Scheduled Tribe
candidates from one state can’t claim benefit of reservation in government jobs in other
states. A five-judge Constitution Bench headed by
Justice Ranjan Gogoi held that a person belonging to SC/ST in one state could
not be deemed to be an SC/ST in another state where he might have migrated for
employment or education. The Bench said the following statement, “If a person notified as a SC candidate in the state A than he cannot claim the same
status in another state on the basis that he is declared as SC in state A.”
The Bench said another statement related to this context which is as follow, “If in the opinion of a state it is
necessary to extend the benefit of reservation to a class/category of SC/ST beyond
those specified in the lists for that particular state, constitutional
discipline would require the state to make its views in the matter prevail with
the central authority so as to enable an appropriate parliamentary exercise to
be made by an amendment of the Lists of SC/ST for that particular state”.
“Unilateral action by states on the touchstone
of Article 16(4) of the Constitution
could be a possible trigger point of constitutional anarchy and, therefore,
must be held to be impermissible under the Constitution,” the top court said.
Another issue before the Bench was whether SC/ST candidates of other states
could seek quota in government jobs in Delhi.
With
a majority of 4:1, the Bench held that so far as Delhi is concerned,
the central reservation policy regarding SC/ST
would be applicable here. It ruled that Pan
India Reservation Rule in force in National Capital Territory of Delhi was
in accordance with the constitutional scheme relating to services under the
Union and the States/UTs. Justice Banumathi, however, delivered a dissenting
verdict on central reservation policy in Delhi.
Source of Information: The Tribune Chandigarh
News Paper.
About Author:Instagram || Facebook
For Government Jobs alert on whatsapp send your request on following official Number @7696006608 (In request Msg Send your Name and State Name) " NOTE: You have to save this Contact Number in your contact list to get important Govt job alerts on Whatsapp.