A student belonging to a Backward Class in one state cannot claim reservation under the BC quota in another state unless his community was notified in that state list too, the Madras High Court Bench has ruled.
The order was passed by Justice K. Chandru while dismissing a petition by a medical seat aspirant from Rajasthan, who had migrated to Tamil Nadu 15 years ago.
“It must be noted that the petitioner’s community did not find a place in the list of BC categories published in Tamil Nadu Under Article 15 of the Constitution,” the Judge said.
Justice Chandru, in his recent order, said the petitioner, who had sought medical seat under Other Backward Classes (OBC) quota, was only a migrant from Rajasthan and as per his Community Certificate he belonged to Prajapat community.
It was the State government which had to identify the list of socio-economic backwardness and such identified members only will have the benefit, the Judge said adding the petitioner would not “carry the critera of socio-economic backwardness identified by the State of Tamil Nadu.”
He also cited a Supreme Court verdict in Mari Chandra Shekar Rao case that a Scheduled Caste or Schedueld Tribe migrating from one State to another does not and could not carry any special rights or privileges attributed to him or granted to him in the original State.
The Judge said though several judgements were given in the context of privilege and rights conferred on the SCs, the ratio will squarely apply, even more vigorously, to the claim made by the present petitioner (OBC).
