TMI Blog2003 (8) TMI 535X X X X Extracts X X X X X X X X Extracts X X X X ..... 000, Appeal (civil) 6387-6388 of 2003 - - - Dated:- 11-8-2003 - S. RAJENDRA BABU P. VENKATARAMA REDDI., JJ. JUDGMENT P. Venkatarama Reddi, J. Delay condoned and leave granted in S.L.P.(Civil) No. 16466 of 2001 filed by the State of U.P. Aggrieved by the judgment of the High Court at Allahabad, the present appeals are preferred by the U.P. Public Service Commission and the State of U.P. Pursuant to an advertisement issued on 31.12.1994 by the U.P. Public Service Commission for Combined State/Upper Subordinate Examination, the respondent herein submitted his application as a Scheduled Tribe candidate. He passed the preliminary and main examination held in June/July, 1996. He was called for interview for consideration ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e State of U.P The High Court directed the State of U.P. to offer the appointment to the respondent on the footing that he is a S.T. candidate. It is not in dispute that Naga tribe is not specified as one of the Scheduled Tribes in the State of U.P. The respondent claimed that his forefathers were residents of Old Ngaulong village of Kohima District in Nagaland and they initially migrated to Chhapra in Bihar and the father of the respondent shifted his residence to Allahabad and after rendering service in the Army, settled down at Allahabad. The respondent, pursued his studies in Allahabad. Based on the certificates issued by the Nagaland authorities, the Tehsildar, Sadar, Chial Tehsil, Allahabad issued a certificate on 18.1.1996 to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or tribe specified for the purposes of the Constitution to be a Scheduled Caste or a Scheduled Tribe in relation to State A migrates to State B where a caste or tribe with the same nomenclature is specified for the purposes of the Constitution to be a Scheduled Caste or a Scheduled Tribe in relation to that State B, will that person be entitled to claim the privileges and benefits admissible to persons belonging to the Scheduled Castes and/or Scheduled Tribes in State B? The Constitution Bench answered that question in the negative. Interpreting Articles 341 and 342, the Court observed: What is important to notice is that the castes or tribes have to be specified in relation to a given State or Union Territory. That means a given c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mind and which was very much in the minds of the Constitution-makers as is evident from the choice of language of Articles 341 and 342 of the Constitution. The ruling in the above case applies with greater force to the present case for the reason that it is not the case of the writ petitioner that there is any caste or tribe bearing the same nomenclature of Naga in U.P. State. In Marri Chandra Shekhar Rao Vs. Dean, Seth G.S. Medical College case, supra, it was pointed out that the Scheduled Castes and the Scheduled Tribes belonging to a particular area of the country must be given protection so long as and to the extent they are entitled to, in order to become equals with others but those who go to other areas should ensure that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the only facility extended was that the prescribed authority of the State/Union Territory to which a person had migrated was permitted to issue the certificate to the migrant on production of the genuine certificate issued to his father by the prescribed authority of the State of the father s origin provided that the prescribed authority could always enquire into the matter through the State of origin if he entertained any doubt. The certificate to be so issued would be in relation to the State/Union Territory from which the person concerned had migrated and not in relation to the State/Union Territory to which he had migrated. Therefore, the migrant would not be entitled to derive benefits in the State to which he had migrated on the str ..... X X X X Extracts X X X X X X X X Extracts X X X X
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