M.M. Sundresh ORDER
M.M. Sundresh, J.
1. The petitioner in W.P. No. 17987 of 2015 is an Association consists of Members, who migrated from other States to Union Territory of Pondicherry and reside therein for more than five years and thus, seeking admission for their wards under the Schedule Caste category. The other two writ petitions viz., W.P. Nos. 19369 and 20675 of 2015, have been filed by individual petitioners seeking similar relief.
2. As the issue involved in all these writ petitions is one and the same, they have been taken up together and disposed of by way of a common order.
3. The only issue requires to be answered by this Court is as to whether a "migrant" to the Union Territory of Pondicherry has to be given the status of a "resident" after completion of five years and their claim would be regarded as a Member of a Scheduled Caste under the "Constitution (Pondicherry) Scheduled Castes Order, 1964" dated 05.03.1964 for the purpose of availing the benefit under Article 15(4) of the Constitution of India.
4. Background Facts
4.1. Over a total number of available seats, 64 have been earmarked for the MBBS., Courses and 97 seats for other Biology Based Degree Courses under the Scheduled Caste category in the Union Territory of Pondicherry, for which 674 applications have been received. Now the grievance of the petitioners is that though they are migrants, in view of the five years stay in the Union Territory of Pondicherry, they should be termed as a "resident" as mentioned in the Presidential order dated 05.03.1964.
4.2. The Presidential order dated 05.03.1964 is reproduced hereunder:
"In exercise of the powers conferred by clause (1) of Article 341 of the Constitution of India, the president is pleased to make the following Order, namely:-
1. This Order may be called the Constitution (Pondicherry) Scheduled Castes Order, 1964.
2. The castes, races or tribes or parts of or groups within castes, races or tribes specified in the Schedule to this Order shall for the purposes of the, Constitution, be deemed to be Scheduled Castes in relation to the Union territory of Pondicherry so far as regards members thereof resident in that Union territory.
Provided that no person, who professes a religion different from the Hindu (the Sikh or the Buddist) religion, shall be deemed to be a member of a Scheduled Caste.
THE SCHEDULE
1. Adi Andhra
2. Adi Dravida
3. Chakkiliyan
4. Jambuvulu
5. Kuravan
6. Madiga
7. Mala, Mala Masti
8. Paky
9. Pallan
10. Parayan, Sambavar
11. Samban
12. Thoti
13. Valluvan
14. Vetan
15. Vettiyan
16. Puthirai Vannan"
Thus, the Presidential Order deals with 16 Scheduled Castes qua resident of Union Territory of Pondicherry.
4.3. A clarification was issued by the Under Secretary to Government in and by the order dated 22.03.1977 regarding the issuance of Scheduled Caste and Scheduled Tribe Certificates. The following recapitulation of para 2 would be apposite.
"2. As required under Articles 341 and 342 of the Constitution, the President has, with respect to every State and Union Territory and where it is State after consultation with the Governor of the concerned State, issued orders notifying various Castes and Tribes as Scheduled Castes and Scheduled Tribes in relation to that State or Union Territory from time to time. The inter-state area restrictions have been deliberately imposed so that the people belonging to the specific community residing in a specific area, which has been assessed to qualify for the Scheduled Caste or Scheduled Tribe status, only benefit from the facilities ........