A. P. RAVANI, J. ( 1 ) THE guidelines are for the purposes of guidance and to smoothen the way in implementing the relevant statutory provisions. The guidelines cannot be read so as to create confusion and obstacles. If the guidelines issued with regard to the implementation of reservation policy are read as contended by the respondent-authorities the same would lead to confusion and absurd results. ( 2 ) NOW the facts in brief. The petitioner belongs to Chamer caste community which is recognised as a Scheduled Caste (SC) in relation to the State of Gujarat as in relation to the State of Rajasthan The petitioner passed the qualifying examination i. e. Higher Secondary Certificate (HSC) examination of the Gujarat Secondary Education Board held in the current year. Thereafter he sought admission in first MBBS course at the Government Medical College in the State of Gujarat. He claimed benefit of reserved seats for Scheduled Caste. He is denied the benefit of being considered as a candidate belonging to a Scheduled Caste on the ground that he originally belonged to Rajasthan and therefore he cannot claim benefit as a Scheduled Caste candidate in the State of Gujarat. The stand is adopted by the respondent-authorities despite the undisputed position that Chamar caste community is also recognised as one of the Scheduled Castes in relation to the State of Gujarat. There is also no dispute with regard to the fact that the petitioner has secured the minimum qualifying marks for being considered eligible on reserved seats for admission to the aforesaid course. In this factual background it is difficult to comprehend the utterly untenable stand adopted by the respondent-authorities. ( 3 ) THE petitioner belongs to Chamar caste and along with his parents he appears to have migrated from Rajasthan to Gujarat. In relation to the State of Rajasthan Chamar caste/community is specified as Scheduled Caste in the order passed under Article 341 of the Constitution. Same is the position with regard to the State of Gujarat also. Then why Chamars of Rajasthan should not be treated as Chamars and therefore belonging to Scheduled Caste in the State of Gujarat. There is no valid reason why such persons can be denied the benefits of reserved seats. Same is the position with regard to the State of Gujarat also. Then why Chamars of Rajasthan should not be treated as Chamars and therefore belonging to Scheduled Caste in the State of Gujarat. There is no valid reason why such persons can be denied the benefits of reserved seats. ( 4 ) THE learned Assistant Government Pleader submits that as per the guidelines issued by the Central Government the petitioner should produce matriculation or school leaving certificate mentioning the caste/ community of the candidate and place of residence. In the absence of the aforesaid certificate alternatively the petitioner should produce a certificate in the prescribed form issued by an authority specified under the relevant Government Resolution and/or Rules. However in this case there is no dispute with regard to the fact that the petitioner-has produced a certificate issued by the District Backward Class Welfare Officer of Ahmedabad-Gandhinagar districts. On production of this certificate the necessary requirement contained in clause 5. 1. 2 of the Information Booklet published by the Department of Technical Education State of Gujarat is fulfilled. I am told at the Bar that similar requirement is prescribed in relation to the students of SC/st seeking admission on reserved seats in engineering courses also. As per this clause a candidate seeking admission on reserved seat is required to produce necessary certificate issued by any of the authorities mentioned in the clause. One of the authorities enumerated in the clause is District Social Welfare Officer. Thus in this case it cannot be disputed that. the petitioner has complied with the requirement as specified in the Information Booklet published by the State Government. Therefore on this ground the petitioner cannot be denied the benefit of reserved seats. ( 5 ) HOWEVER from the facts and circumstances of the case it appears that the petitioner is denied benefit of reserved seat not of the ground that he did not belong to Chamar caste/community nor the denial is based on the ground that he has not produced matriculation or school leaving certificate. His right to claim the benefit of reserved seat is denied on the ground that he originally belonged to Rajasthan and from there he has migrated to the State of Gujarat along with his parents. His right to claim the benefit of reserved seat is denied on the ground that he originally belonged to Rajasthan and from there he has migrated to the State of Gujarat along with his parents. In view of these facts as stated in the affidavit-in-reply sworn by one Shri V. C. Dave Social Welfare Officer and filed on behalf of the respondents it is contended that as per the guidelines issued by the Government the petitioner would not be entitled to claim the benefit of Scheduled Caste. The relevant part of the affidavit-in/reply reads as follows:i say that the Central Government has given directions to all the States and with regard to the cases of migration Rule 2 (ii) provides that where a person migrates from one State to another he can claim to belong to a Scheduled Caste or a Scheduled Tribe only in relation to the State to which he originally belonged and not in respect of the State to which he has migrated. ( 6 ) THE respondent-authorities relied on the words she can claim to belong to a Scheduled Caste or Scheduled Tribe only in relation to the State to which he originally belonged and not in respect of the State to which he has migrated. On the basis of this it is contended that the petitioner belongs to State of Rajasthan and he can claim benefit of Scheduled Caste in the State of Rajasthan to which he belongs and he cannot claim this benefit in the State of Gujarat to which he has migrated. ( 7 ) THE aforesaid reading of the guideline is not correct. The real content in the guideline if properly examined and analysed is that a person who migrates from one State to another can claim to belong to Scheduled Caste in relation to the State of his origin. Nothing further can be read in this guideline. When a person belonging to Rajasthan migrates from Rajasthan and comes to Gujarat he cannot say that he belongs to Gujarat and he belongs to a caste which is recognised as Scheduled Caste in relation to the State of Gujarat. But from this it cannot be said that when such a person continues to belong to the State of his origin (Rajasthan) he cannot claim the benefit of reserved seat in the State to which he has migrated (Gujarat ). But from this it cannot be said that when such a person continues to belong to the State of his origin (Rajasthan) he cannot claim the benefit of reserved seat in the State to which he has migrated (Gujarat ). ( 8 ) IF the guideline is given interpretation and it is understood as is sought to be canvassed by the respondents the same would be violative of the constitutional provisions. Article 46 of the Constitution enjoins a duty upon the State to promote with special care the educational and economic interests of the weaker sections of the people ant In particular of the Scheduled Castes and Scheduled Tribes. A duty is cast upon the State to protect such people from social injustice and from all forms of exploitation. Article 18 (4) of the Constitution provides that notwithstanding anything contained in Article 150 in Article 29 (2) of the Constitution the State can make special provision for the advancement of any socially and educationally backward classes of citizens of for the Scheduled Castes and the Scheduled Tribes. Article 341 provides that the President may with respect to any State or Union Territory specify the castes races or tribes which shall for the purposes of this Constitution be deemed to be scheduled caste in relation to that State or Union Territory as the case may be. A bare reading of the provisions of Article 341 indicates that specification of caste race or tribe as scheduled caste or scheduled tribe is to be made for the purposes of this Constitution. Again the object is to achieve the purpose expressed in the provisions of Article 46 i. e. to promote with special care the educational and economic interest of the weaker sections of the people and to extend protection from social injustice and from all forms of exploitation. It is in the background of there constitutional provisions that the guidelines are required to be understood and interpreted. It should also be noted that having regard to the wide disparity regional as well as in socio-economic background of different castes and communities in the country it may be that a particular caste residing in a specified State may not be socially and economically backward. It should also be noted that having regard to the wide disparity regional as well as in socio-economic background of different castes and communities in the country it may be that a particular caste residing in a specified State may not be socially and economically backward. While that very caste residing in another State may be socially and educationally backward and in relation to that State it may be specified as a Scheduled Caste or Scheduled Tribe. This is the reason why the Constitution provides that SC/st may be specified in relation to that State or Union Territory. Similarly such specification may even be in relation to a part of the State i. e. district or sub-areas of the State. As held by the Supreme Court in the case of Bhaiya lal v. Harikishan Singh AIR 1965 SC 1557 the President can specify castes races or tribes or parts thereof in relation not only to the entire State but in relation to parts of the State where he is satisfied that examination of the social and educational backwardness of the race caste or tribe justifies such specification. ( 9 ) IN view of the aforesaid constitutional provision and the settled legal position the guideline is required to be interpreted. When a person belonging to a caste which is recognised as SC/st in relation to the State to which he belongs migrates to another State or another area of the State he does not claim that he belongs to another State or to the place where he has migrated. All that he claims is that he belongs to Scheduled Caste which is specified as such in relation to a State (to which he belongs) or in relation to part of the same State. (i. e. the place to which he belongs ). Once he succeeds in showing that in relation to the State to which he belongs the caste or tribe is recognised as Scheduled Caste/tribe he would be entitled to claim benefit as belonging to such caste or tribe throughout the country. ( 10 ) IF the guideline is properly understood it attempts to take care of the reverse situation. Once he succeeds in showing that in relation to the State to which he belongs the caste or tribe is recognised as Scheduled Caste/tribe he would be entitled to claim benefit as belonging to such caste or tribe throughout the country. ( 10 ) IF the guideline is properly understood it attempts to take care of the reverse situation. This may be illustrated by an example: (1) One A belongs to State M. He belongs to caste H. This caste is not recognised as Scheduled Caste in the State M. (2) This A migrates to State G. In State G the caste H to which he belongs is recognised as Scheduled Caste. (3) A who belongs to State M and also belongs to caste S on his migration from State M to State G cannot say that he belongs to caste H which is recognised as Scheduled Caste in State `g and therefore he be given benefit of reserved seats in State G where he has migrated. This is the correct meaning of the guideline. It cannot be applied inversely. To put it differently to be eligible to get the benefit of deserved seat the following things are necessary;1 That a person should be belonging to a State or a part of the State in the country; 2 That in relation to that State or part of the State his caste or community should have been recognised as SC or ST. Once the aforesaid eligibility criteria are fulfilled the resultant benefit and protection are not confined to the area to which the person belongs This resultant benefit and the constitutional protection will be available to such person throughout the country. All that such a person claims is that he belongs to SC which is specified as such in relation to the State of his origin or in relation to the part of the State to which he belongs. Simply because he crosses the border of his State of origin or the District or area in relation to which his caste is recognised as SC of ST he does not cease to be belonging to that caste or tribe which is recognised as such in relation to the State or part of the State to which he belonged. Such a person claims the benefit of reserved seat as she belongs to SC/st. Such a person claims the benefit of reserved seat as she belongs to SC/st. He does not claim the benefit on the basis that he belongs to a particular State or to a particular part of the State Once the eligibility criteria as stated above are fulfilled the same would be available and applicable in the entire country and it would not be restricted to an area of the State or part of the area of the State. Once a person fulfils the eligibility criteria as stated hereinabove his migration from one State to another or from one part of the State to another part of the State or outside the State cannot deprive him of the benefit guaranteed to him under the constitutional provisions relating to fundamental rights and other provisions of the Constitution. ( 11 ) IF Art. 341 of the Constitution is properly read the words for the purposes of this Constitution occurring therein are very important. These words cannot be lost sight of and the phrase in relation to the State or Union Territory cannot be read so as to control and/or restrict the scope of the phrase for the purposes of this Constitution. To do so would amount to rewriting the provisions and would frustrate the very object underlying the provisions of Art. 15 46 and 341 of the Constitution. ( 12 ) ON the other hand the guideline as well as the aforesaid provisions of the Constitution are required to be understood and interpreted by keeping in mind the position of other candidates belonging to unreserved category. If a candidate belonging to unreserved category and residing in any part of the country applies anywhere else in the country would he be considered on merits or not if otherwise eligible ? Similarly a candidate or student belonging to SC/st in relation to the State to which be belongs can apply anywhere in the country and claim the benefit of constitutional protection extended to him throughout the country. There is no reason to adopt different standards in relation to. members belonging to SC/st and other weaker sections of the society. If different standards are adopted the members belonging to SC/st would be forced to stick to the place of their origin and in order to get constitutional protection and benefit they will have to restrict their mobility. There is no reason to adopt different standards in relation to. members belonging to SC/st and other weaker sections of the society. If different standards are adopted the members belonging to SC/st would be forced to stick to the place of their origin and in order to get constitutional protection and benefit they will have to restrict their mobility. This would on the contrary put them under constraints rather than extending protection. Adivasis of Assam and Gujarat can never hope to get benefits of constitutional protection outside the place of their origin i. e. they can never think of getting constitutional protection in West Bengal Tamil Nadu Maharashtra or New Delhi. This is absurd and inconcievable. Therefore the interpretation which brings about absurd and inconcievable has got to be avoided. ( 13 ) IN the instant case there is no dispute with regard to the fact that the petitioner belongs to Chamar caste/community. It is also undisputed that Chamar caste/community is recognised as SC in the State of Rajasthan. There is no reason to show that people belonging to Chamar caste/community of Rajasthan when they migrate to Gujarat they cease to be Chamars and simply by breathing the air in the territory of Gujarat State they get emancipated from social injustice and also get themselves freed of the exploitative clutches of the socioeconomic hierarchy. In the State of Gujarat they continue to be Chamars. The petitioner who has migrated to Gujarat along with his parents and who has passed the qualifying examination from the State of Gujarat can very well claim that he belongs to Gujarat. Therefore even if the guidelines are interpreted as is sought to be done by the respondent-authorities the petitioner could not and should not have been denied the benefit of reserved seat. ( 14 ) IN the result the petition is allowed. The respondent-authorities are directed to consider the petitioner as a student belonging to Scheduled Caste and decide his application according. Rule made absolute accordingly with no order as to costs. Petition allowed: Rule made absolute. .