LexMARRI CHANDRA SHEKHAR RAO versus DEAN, SETH G.S. MEDICAL COLLEGE AND ORS.
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MARR! CHANDRA SHEKHAR RAO v. f DEAN, SETH G.S. MEDICAL COLLEGE AND ORS. ----- - MAY 2, 1990 A [SABYASACHI MUKHARJI, CJ., B.C. RAY, L.M. SHARMA, B P.B. SAWANT AND K. RAMASWAMY, JJ.] Constitution of lndta, 1950: Articles 341 and 342-Schedutea Castes and Scheduled Tribe:t-Reservation-Whether one who is recog- nised as Scheduled Tribe in the State of origin and birth continues to have che benefits or privileges or rights in the State of Migration? In- terpretation of the expressions 'in relation to that State' and 'for the purposes of this Constitution'. Professional Colleges-Admission to-Maharashtra State Medi- cal College-Admission to-Applicant belonging to Gouda Com- munity Scheduled Tribe in A ndhra Pradesh-Gouda Community not Scheduled Tribe in Maharashtra-Applicant not entitled to claim seat on the basis of reservation. The Petitioner was born in Tenali in the Btate of Andhra Pradesh and belonged to the Gouda Community which is claimed to have been c D y ·' recognised as 'Scheduled Tribe' under the Constitution. His father had E f been issued an Scheduled Tribe Certificate and it is on the basis of the quota reserved for Scheduled Tribes that he was appointed in the Fertilizer Corporation of India and later with the Rashtriya Chemical & Fertilizer, Ltd., and posted in Bombay since 19.6.1978. The ~ Petitioner was also living with his father in Bombay since the age of Dine years and took his education there upto 12th standard securing 165 F ~.___ marks in the aggregate, in Physics, Chemistry and Mathematics. For the academic year 1989-90 he applit:d for admission to the M.B.B.S. Course in three colleges tun by the Bombay Municipal Corporation and one J>y the State of Milharashtra seeking the benefit of reservation in favour of the Scheduled Tribes. The Petitioner was not G admitted to any of the colleges though some scheduled tribe candidates who had secured lesser marks than him were admitted. The reason for denial of admission to him was that he was not entitled to scheduled . >-- tribe Status of his ·origin and birth as Gouda was not recognised as Scheduled Tribe in Milharashtra State. 843 H 844 SUPREME COURT REPORTS [1990] 2 S.C.R. A ' Disposing of the Writ Petition filed by the Petitioner, this Court, -~- HELD: Equality is the dictate of our Constitution. Article 14 ensures equality i)l its fullness to all our citizens. State is enjoined not to B deny to any person equality before law and equal protection of the law within the territory of India. Where, it is necessary, however, for the purpose of bringing about real equality of opportunity· between those who are unequals, certain reservations are necessary and these should -,. he ensured. Equality under the Constitution is a dynamic concept which must cover every process of equalisation. Equality must become a living reality for the large masses of the people. Those who are unequal, in c fact, cannot be treated by identical standards; that may be equality in - law but it would certainly not be real equality. Existence of equality of opportunity depends not merely on the absence of disabilities but on the presence of abilities. Dejure equality must ultimately find its raison ... d'tre in de facto equality. [848E-GI D Balancing mnst be done as between those who need protection and those who need no protection, i.e., those who belong to advantaged castes or tribes and those who do not. Treating the determination under Articles 341 and 342 to be valid for all over the country would be in negation to the very purpose and scheme and language of Article 341 'I'. E read with Article 15( 4). [85SC-D] Nothing is surplus in a Constitution and no part should be made nugatory. Having regard, however, to the purpose and the scheme of the Constitution which would be just and fair to the Scheduled Castes F and Scheduled Tribes not only of one State of origin but other states _j__. also where the Scheduled Castes or Tribes migrate in consonance with the rights of other castes or community, rights would be harmoniously f. balanced. Reservations should and must be adopted to advance the prospects of weaker sections of society, but while doing so care should be taken not to exclude the legitimate expectations of the other segments G of the community. l858A-BJ The petitioner is not entitled to be admitted to the Medical Col- leges in Maharashtra on the basis that he belonged to the scheduled
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