MARRI CHANDRA SHEKHAR RAO versus DEAN, SETH G.S. MEDICAL COLLEGE AND ORS.

MARRI CHANDRA SHEKHAR RAO versus DEAN, SETH G.S. MEDICAL COLLEGE AND ORS.

A person recognised as a Scheduled Tribe in the State of origin does not automatically retain such benefits in a State of migration if the community is not recognised as a Scheduled Tribe in the latter State. Entitlement to benefits is governed by Presidential notifications issued under Articles 341 and 342 and is State-specific. The petitioner cannot seek Scheduled Tribe reservation in Maharashtra based on Scheduled Tribe recognition in Andhra Pradesh.

Parties
Petitioner: M.C.S. Rao; Respondents: Dean, Seth G.S. Medical College and Ors.
Jurisdiction
India
Judgment Date
02 May 1990
Procedural Posture
Writ Petition (civil) No. 989 of 1989 / Final Disposition
Outcome
Petition dismissed; not entitled to admission on basis of Scheduled Tribe certificate from Andhra Pradesh in Maharashtra.
Legal Topics
Reservation, Scheduled Tribes, Admission to Professional Colleges, Inter State Migration, Interpretation of Articles 341 and 342
Constitutional Law Education Law Equality Law Reservation Scheduled Tribes Admission to Professional Colleges Inter State Migration Interpretation of Articles 341 and 342

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Parties

M.C.S. Rao

Petitioner

Dean, Seth G.S. Medical College and Ors.

Respondents

Procedural Posture

Writ Petition (civil) No. 989 of 1989 / Final Disposition

Legal Issues

  1. 1 Whether a person recognised as Scheduled Tribe in the State of origin and birth continues to have the benefits or privileges or rights in the State of migration
  2. 2 Interpretation of the expressions 'in relation to that State' and 'for the purposes of this Constitution' in Articles 341 and 342
  3. 3 Entitlement to reserved seat in Maharashtra based on Scheduled Tribe recognition in Andhra Pradesh

Ratio Decidendi

A person recognised as a Scheduled Tribe in the State of origin does not automatically retain such benefits in a State of migration if the community is not recognised as a Scheduled Tribe in the latter State. Entitlement to benefits is governed by Presidential notifications issued under Articles 341 and 342 and is State-specific. The petitioner cannot seek Scheduled Tribe reservation in Maharashtra based on Scheduled Tribe recognition in Andhra Pradesh.

Court Disposition

Petition dismissed; not entitled to admission on basis of Scheduled Tribe certificate from Andhra Pradesh in Maharashtra.

Orders

  • Petitioner is not entitled to admission to medical colleges in Maharashtra on the basis of Scheduled Tribe certificate from Andhra Pradesh.
  • Question of continuance in study referred to college authorities for consideration based on justice and facts of the case.