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Sunday, May 1, 2011

SC/ST RESERVATION

The issue discussed in this Post is : When a person belonging to Scheduled Caste / Scheduled Tribe of one State migrates to another State what happens to his caste status? 
Scheduled Castes/Scheduled Tribes for each State are indicated in the Notifications issued by the President of India under Article 341 of the Constitution of India for each State.  The castes that are notified in such Notifications are treated as Scheduled Caste / Scheduled Tribe in the concerned State. In other words, a caste which is not notified as Scheduled Caste / Scheduled Tribe in the Presidential Notification issued for the concerned State will not be treated as a Scheduled Caste / Scheduled Tribe in that State even though the very same caste finds a place in the Presidential Notification issued for another State.
          The considerations for specifying a particular caste or tribe or class for inclusion in the list of Scheduled Castes/Scheduled Tribes/Backward Classes in a given State would depend on the nature and extent of disadvantages and social hardships suffered by that caste, tribe or class in that State which may be totally non existent in another State to which persons belonging thereto may migrate. Coincidentally, it may be that a caste or tribe bearing the same nomenclature is specified in two states but the considerations on the basis of which they have been specified may be totally different. So also the degree of disadvantages of various elements which constitute the input for specification may also be totally different. Therefore, merely because  a given caste is  specified in  State – A as s Scheduled  Caste does not necessarily mean that if there be another caste bearing the same nomenclature in another State the person belonging to the former would be entitled to the rights, privileges and benefits admissible to a member of the Scheduled  caste of the latter State.
Scheduled Castes and Scheduled Tribes belonging to a particular area of the country must be given protection so long as and to  the extent they are entitled in order to become equal with others. But equally those who go to other areas should also ensure that they make way for the disadvantaged and disabled of that part of the community who suffer from disabilities in those areas.
A Scheduled Caste / Scheduled Tribe person who migrates from the State of his origin to another State in search of employment or for educational purposes or the like,  cannot be treated as person belonging to the Scheduled Caste / Scheduled Tribe of the State to which he migrates and hence he cannot claim benefit as such in the latter State. A person belonging to the reserved category in one State cannot ipso facto claim the same benefit on his migration to another State. If a State makes a provision to the effect that the benefit of reservation is extended only to such Scheduled Castes or Scheduled Tribes which are recognized as such in relation to that State then such a provision would be perfectly valid. Therefore, unless the caste of the migrant is notified in the Presidential Notification issued for the State to which he migrates he cannot claim the benefits of  reservation in that State.

-P.RAJENDRAN     www.prajendran.com

30 comments:

  1. NICE INFO...KEEP WRITING..WAS VERY USEFUL FOR ME...THANKS

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  2. Respected Sir,
    i am brahmin woman & married to scheduled caste i.e. Hindu Chambhar. i got a government job after my marriage. that seat was reserved for SC category. i have Intercaste certificate issued by collector. now i completed almost 13 yrs of my service. now govt.employees have to verify their caste certificates. Caste certification authorities told me that my Intercaste certificate is invalid. Now will i loose my govt. job? pls guide me.

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  3. Sir still the scene is not clear suppose an SC goes to another state for study purpose there he gets state govt job in general category and stays there for more than five years, also his caste is very much listed in the presidential notification of the migrated state...will he be getting the benefits of reservation in the later state? please enlighten
    Satya prakash prasad..varanasi

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  4. Hi. Very nice information.

    Something about our association: All India General Insurance SC/ST Employees Parishad (Jayamurthy) organization is formed for the welfare of SC/ST employees in insurance sector. The organization is working for rights, benefits and protection of SC/ST employees in all cadres & class.
    http://www.aigiscstparishad.org

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  5. (This same question is in inter caste article too, but felt that the question belongs to this part of the blog, so posted here too, sorry for spamming)
    Hello Sir,
    My friend is in a pretty peculiar situation. He hails from Karnataka and had the benefit of reservation (SC) and had got a job (state government). But now he has decided to get converted to christianity. The question is what will happen to his job, will he retain it or lose it? (this article http://www.thehindu.com/news/national/article1108895.ece intensified the doubt further).

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  6. what if the person's father had migrated before independence india from one state to another and suddenly his caste has been included as SC/ST in that state. Will his children (now permanent resident of that state) get the benefit of SC/ST in this state. The answer should be yes.

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  7. The law should change now, or the Court should intervene,because the concept does not hold water in the modern times.

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  8. When a government intends to invoke the narrower view of ST/ST reservation policy,it is, in accordance with the Constitutional mandate,rquired to make it a condition precedent to the employment conditions of outsider SC/ST candidates that they would be treated as general category candidates only. Then why is it that some states,like Bihar,do not adhere to this reouirement of law ? Perhaps, the law hinders political mileage at a break-neck speed !

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  9. sir,if any person is selected on the reservation basis in the other state can he will get all the benifit as like the member of schedule caste of that state

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  10. for how many years reservation is valid....

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    Replies
    1. Good Question!!

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    2. reservation for upper castes was there for more than thousands of years from RAMA to pandavas

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  11. sir its good but tell why reservation is important ?

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    Replies
    1. preeti you should have been born to a sewage worker ,then you will know why reservation are necessary

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  12. sir i belong to sc community and my wife belongs to forward caste(oc).recently we had a son. we would like to give him mothers community(oc). will it possible. we both belongs to andhra pradesh

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  13. sir i bellong to sc caste but i use my last name as thakur would that bring any complication in applying for job inn resevation quota

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  14. If a person is in OBC in state - A. Migrates on the purpose of job to state B where his caste is under ST. Now the person is settled permanently in state B, his children are born and bought up in state -B.
    Can the children avail the benefit of ST in state B?

    Please answer this ...

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  15. Dear Sir,i am from sc cast,my wife is from forward...can my wife take reservation benifits for govt. jobs at maharashtra???if yes please guide me about this

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    Replies
    1. No your wife will not get the benefits of an SC because she was born in a forward tribe. Marriage cannot give the right of an SC/ST to the wives

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  16. hw many yrs reservation will continue

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  17. dear sir, i m born to st mother but general father and my mother is 2nd wife of my father. i studied with my mother surname from begining. may i have benefit of st reservation ?

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  18. the information is completely false !!
    please find the letter No. BC-16014/1/82-SC & BCD-I
    No. BC-16014/1/82-SC & BCD-I
    Issuing Authority: B.K. Sarkar, Addressee: The Chief Secretaries
    Joint Secretary, of All State Govts. and
    Ministry of Home U.T. Administrations.
    Affairs, Govt. of India.
    New Delhi, the 6th August, 1984.
    Subject: - Verification of claim of candidates belonging
    to Scheduled Castes and Scheduled Tribes and migrants
    from other States/Union Territories—Form of
    certificate—Amendment to.
    Sir,
    I am directed to refer to this Ministry’s letter of even number dated the 18.11.1982
    and the Department of Personnel and Administrative Reforms letter No. 36012/6/76/Est.
    (SCT), dated the 29/10/1977 on the above subject and to say that the form of Scheduled
    Caste/Scheduled Tribe certificate enclosed with the aforesaid letters has been further revised
    consequent upon coming into force of the Scheduled Castes and Scheduled Tribes Orders
    (Amendment) Act, 1976 and keeping in view the difficulty being experienced by the persons
    belonging to the Scheduled Castes and Scheduled Tribes in obtaining community certificates
    on migration from their States of origin to another for the purpose of employment, education
    etc. The revised caste/tribe form of certificate is enclosed herewith. It is requested that a copy
    of the revised form of certificate may please be brought to the notice of all the competent
    authorities who have been empowered to issue such certificates. The list of competent
    authorities who have been empowered to issue the Scheduled Caste/Scheduled Tribe
    certificates circulated by the Department of Personnel and Administrative Reforms in their
    letter No. 13/2/74-Est. (SCT), dated, the 05/08/1975 has also been incorporated in the
    enclosed revised form.
    2. The instructions issued in this Ministry’s letter of even number dated the
    18.11.1982 will continue. It is, however, clarified that the Scheduled Caste/Scheduled Tribe
    person on migration from the State of his origin to another State will not lose his status as
    Scheduled Caste/Scheduled Tribes but he will be entitled to the concessions/benefits
    admissible to the Scheduled Castes/Scheduled Tribes from the State of his origin and not
    from the State where he has migrated. All competent authorities may be advised under
    intimation to this Ministry to issue the Scheduled Caste/Scheduled Tribe certificates on the
    revised form of certificate henceforth after satisfying themselves of correctness of the
    certificate after proper verification based on the revenue records/through reliable enquiries.
    The list of the competent authorities empowered and incorporated in the form may please be
    followed strictly. No other authority may be authorized to issue the Scheduled
    Caste/Scheduled Tribe certificates. .
    Yours faithfully,
    Sd/- BK Sarkar
    Jt. Secy to Govt. of India
    *Please

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  19. respt
    sir if government organization not follow the reservation policy, appoint all candidate in open categary, sr. appointy officer, dept. minister is also backward(s.c.) then whrere I complaint about it. commissioner social welfare done only periodical report but managed. only remark but notingdone else.

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  20. sir , i am from the caste madari bc-a some of my relatives from same caste they were st ia possible of my caste to be st

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  21. Meira kumar being sc of Bihar has got the status of sc of Delhi and also getting benefit of reservation in different states in lok sabha elections in the country.

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  22. can a converted Christian claim sc reservation in Andhra pradesh

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  23. The State--friendly Presidential order should go and the son-of-the-soil concept of preference should be done away with.Reservation of posts for the members of the SC/ST should be made effective inter-State and not only intra-State in this era of death of distance if the policy of reservation of seats/posts in the government employment has anyway to stay

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