SC/ST of one state can't claim benefits of job, education or land in another: SC

The top court had held that a person belonging to SC/ST in relation to his original state of which he is a resident cannot be deemed to be so in relation to any other state

The Supreme Court on Wednesday said a person declared as Scheduled Caste or Scheduled Tribe in one state cannot claim benefit of his status for employment, education or land allotment in any other state on migration.

A bench of Justices M R Shah and A S Bopanna dismissed an appeal filed by Bhadar Ram through his legal representative against a Rajasthan High Court's division bench order of April 7, 2011.

The HC declared a sale transaction in respect of land belonging to a landless SC person was in clear breach or in violation of Section 42 of the Rajasthan Tenancy Act, 1955.

Relying upon previous judgements, the top court said the appellant, being a Scheduled Caste belonging Punjab and being an ordinarily and permanent resident of Punjab, cannot claim the benefit of a Scheduled Caste in the state of Rajasthan for the purpose of purchase of land allotted to a landless Scheduled Caste person.

The bench also said the top court's judgement in 'Action Committee on Issue of Caste Certificate to Scheduled Castes and Scheduled Tribes in the State of Maharashtra and Another' (1994) would apply with full force in the present case.

The top court had then held that a person belonging to Scheduled Caste/Scheduled Tribe in relation to his original state of which he is permanent or an ordinarily resident cannot be deemed to be so in relation to any other state on his migration to that state for the purpose of employment, education etc.

"We see no reason to restrict the applicability of the decision of this court in the case of 'Action Committee' only with respect to employment, education or the like and not to make applicable the same with respect to purchase and sale of the property," the bench said.

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