High Court of Madras

The Pondicherry Scheduled Caste People's Welfare Association and Ors. v. Union of India and Ors.

MANU/TN/2528/2015

13.08.2015

Education

Certification as Scheduled Caste by becoming 'resident' does not give benefit of reservation in education

The Court held that merely by residing in a Union Territory to become 'resident', an immigrant from another State cannot gain benefits from a Presidential Order applying to scheduled caste members. The Petitioners had satisfied the requirement under the Order, of being 'resident' for five years, and sought admission in the category reserved for scheduled caste members. Rejecting the petitions, the Court said the purpose of the reservation was to overcome backwardness of a caste in a particular place and did not have any relevance to the period of subsequent stay. It held the meaning of 'resident' to apply to scheduled caste members who were residing in the Union Territory in 1964, the year the Order was passed.

Relevant

State of Kerala and another v. N.M. Thomas and others MANU/SC/0479/1975
State of Maharashtra v. Millind and others MANU/SC/0724/2000
Marri Chandra Shekhar Rao v. Dean, Seth G.S. Medical College and others MANU/SC/0457/1990

Tags : Scheduled caste resident education reservation

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