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The Pondicherry Scheduled Caste People's Welfare Association and Ors. v. Union of India and Ors. - (High Court of Madras) (13 Aug 2015)

Certification as Scheduled Caste by becoming 'resident' does not give benefit of reservation in education

MANU/TN/2528/2015

Education

The Court held that merely by residing in a Union Territory to become 'resident', an immigrant from another State cannot gain benefits from a Presidential Order applying to scheduled caste members. The Petitioners had satisfied the requirement under the Order, of being 'resident' for five years, and sought admission in the category reserved for scheduled caste members. Rejecting the petitions, the Court said the purpose of the reservation was to overcome backwardness of a caste in a particular place and did not have any relevance to the period of subsequent stay. It held the meaning of 'resident' to apply to scheduled caste members who were residing in the Union Territory in 1964, the year the Order was passed.

Relevant : State of Kerala and another v. N.M. Thomas and others MANU/SC/0479/1975 State of Maharashtra v. Millind and others MANU/SC/0724/2000 Marri Chandra Shekhar Rao v. Dean, Seth G.S. Medical College and others MANU/SC/0457/1990

Tags : SCHEDULED CASTE   RESIDENT   EDUCATION   RESERVATION  

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