New Delhi: In a significant and landmark ruling, the Supreme Court held on Thursday that a person who is recognised as a member of a Scheduled Caste or Scheduled Tribe in his/her original state will be entitled to all the benefits of reservation under the Constitution only in that state and is not entitled to the benefits of reservation in another state or Union territory to which he/she may migrate.
By way of illustration, the court said if a member of a SC/ST of Andhra Pradesh who migrated to Maharashtra is to be given the benefit of reservation, it will amount to depriving an SC/ST member of Maharashtra by reducing the reservation earmarked for them.
Giving this ruling, a five-judge Constitution Bench that comprised Justices Ranjan Gogoi, N.V. Ramana, Ms R. Banumathi, M.M. Shantanagouder and Abdul Nazeer, by a majority of 4:1, however, held that insofar as the National Capital Territory of Delhi is concerned, the pan-India reservation rule in force is in accord with the Constitutional scheme relating to services under the Union and states/Union territories. Justice Banumathi, in a separate judgment, differed with the majority ruling to a limited extent by holding that the benefit of quota would not be available to a migrated SC even in Delhi.
