
New Delhi: The Supreme Court has ruled by a 4:1 majority that people notified as Scheduled Castes and Scheduled Tribes in one state cannot claim reservation in jobs or education if they migrate to another state except for the national capital territory of Delhi.
Thursday's judgment by the constitution bench means a member of a grouping designated as SC or ST in say, Bengal, is entitled to reservation only in Bengal and in Delhi.
The "benefits of reservation provided for by the Constitution would stand confined to the geographical territories of a state/Union territory in respect of which the lists of Scheduled Castes/Scheduled Tribes have been notified", Justice Ranjan Gogoi said, writing the majority verdict.
Justices Gogoi, N.V. Ramana, M.M. Shantanagoudar and S. Abdul Nazeer also said: "We further hold that so far as the national capital territory of Delhi is concerned, the pan-India reservation rule in force is in accord with the constitutional scheme relating to services under the Union and the states/Union territories." The court relied on a 1992 constitution bench ruling that Delhi was a "miniature India" that drew people from all sections.
Justice R. Banumathi differed, saying SC/ST migrants to Delhi would also lose quota benefits. All the five judges agreed that Parliament could amend the Constitution if it wanted to provide for reservations for migrant SCs and STs.