ACTION COMMITTEE ON ISSUE OF CASTE CERTIFICATE TO SCHEDULED CASTES AND SCHEDULED TRIBES IN THE STATE OF MAHARASHTRA versus UNION OF INDIA AND ANR.

Citation: [1994] SUPP. 1 S.C.R. 714 · Decided: 18-07-1994 · Supreme Court of India · Bench: A.M. AHMADI, M.M. PUNCHHI, P.B. SAWANT, YOGESHWAR DAYAL, N.P. SINGH · Disposal: Dismissed
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Judgment (excerpt)

A 
ACTION COMMITTEE ON ISSUE OF CASTE CERTIFICATE 
·B 
c 
TO SCHEDULED CASTES AND SCHEDULED TRIBES 
IN THE STATE OF MAHARASHTRA 
v. 
UNION OF INDIA AND ANR. 
JULY 18, 1994 
[A.M. AHMADI, P.B.SAWANT, M.M. PUNCHHI, YOGESHWAR 
DAYAL AND N.P. SINGH, JJ.] 
Constitution of India--Anicles !4, 15, 16, 19, 21, 341 and 341-Con-
stitution (Scheduled Castes) Order, 1951}-C'onstitution (Scheduled Tribes) 
Order, 1950--Schedukd Castes and Scheduled T1ibe.1· specified in relation to 
a State or Union Tenito~Such persons migrating from State of origin to 
another State where it is specified to be a Scheduled Caste or a Scheduled 
D Tribes in relation to that State-Denial of benefits and privileges available to 
Scheduled Caste and Scheduled Tribe specified in relation to that State to 
such migrated persom-Whether violative of Ans. 14, 15(1), 16(2), 19, 341 
and 342 of Constitution-Held, no. 
Words and phrases--''ln relation to that State" and "for the purposes of 
E 
this Constitution''-Meaning of 
The State or Maharashtra had denied the benefit and privil~ges 
available to Scheduled Castes and Scheduled Tribes specified in relation 
to !hat State to members or the Scheduled Castes and Scheduled Tribes 
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belonging to other States who had migrated from other States to the State 
or Maharashtra. These benefits and privileges were denied on the basis or 
certain circulars and letters issued by the Government or India and 
consequential instructions issued by the State or Maharashtra indicating 
that members bt:longing to the Scheduled Castes and Scheduled Tribes 
specified in relation to any other State shall not be entitled to the benefits 
G and privileges accorded by the State or Maharashtra on August 10, 1950 
in the case or Scheduled Caste and September 6, 1950 in the case or 
Scheduled Tribes. These are the dates on which the President first promul-
gated the Constitution (Scheduled Castes) Order, 1950 and the Constitu-
tion (Scheduled Tribes) Order, 1950 made in exercise or powers conferred 
H by Article 341(1) and Article 342(1) respectively or the Constitution of 
714 
v 
ACTION COMMllTEE SC & ST•·. U.0.1. 
715 
India. 
On March 22, 1977 the Governn1ent of India issued a communication 
addressed to Chief Secretaries of all the State Governments and IJnion 
Territories, imposing inter-state area restrictions for the purpose of avail-
ing the Scheduled Caste/Scheduled Tribe benefits and privileges. It was 
stated that these restrictions had been deliberately imposed so that the 
people belonging to the specific community residing in a specific area 
which had been assessed to quality for the Scheduled Caste or Scheduled 
Tribes status only benefit f'rom the facilities provided for them. Since the 
people belonging to the same caste but living in different States/Union 
Territories may not both be treated to belonging to Scheduled Caste/Tribe 
or vice-versa the residence of a particular person in a JJarticular locality 
assumed a special significance. The residence of a person on the date of 
the notification of the Presidential Order scheduling his caste/tribe in 
relation to that locality cannot be the permanent residence, thus a person 
A 
B 
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who was temporarily away from his permanent place or abode at the time D 
of the notification of the Presidential Order applicable in his case for 
examplf, to earn a living or seek education, etc. could also be regarded as 
Scheduled Caste or a Scheduled Tribe if his Caste/Tribe has been specified 
in that order in relation to his State/Union Territory. But he cannot be 
treated as sllch in relation to the place of his temporary residence even if 
his Caste/Tribe has been scheduled in respect of that area in any Presiden-
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tial Order. 
The Communication further stated that with a view to ensure the 
veracity of permanent residence of a person and that of the Caste/Tribe to 
which he claims to belong, the Government of India made special 
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provisions in the proforma prescribed for the issue of such certificates. 
In order to ensure that competent authorities should alone issue such 
certificates, it was emphasised that the Revenue Authority of one District 
would not be competent to issue such a Certificate in respect of persons 
whose place of permanent residence at the time of the notification of a 
particular Presidential Order has been in ·a different State/Union Ter- G 
ritory. In regard to persons born after the date of the notification of the 
relevant Presidential Order,
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