JUDGMENT - G.D. KAMAT, J.:---This petition raises a short point but somewhat of importance in the academic field in the matter of reservation of seats for Scheduled Castes. Kum. Shobha Suryavanshi Shivappa, a student, minor in age has instituted this petition under Article 226 of the Constitution of India through her legal and natural guardian-cum-father, Shri Shivappa J. Suryavanshi challenging the refusal of admission to the first Year M.B.B.S. in Goa Medical College. 2. To appreciate the challenge involved in this petition the undisputed facts be recorded. Petitioner's father along with his family moved down to Goa sometime in the year 1985 and he took up a permanent job in the town of Vasco-da-Gama and alongwith that a permanent residence. Petitioner Shobha was born on 18th August, 1970 and since birth is residing with her parents. She did her primary education at Naval K.G. School, Vasco-da-Gama. Thereafter she did her High School (Secondary) Education and passed her Xth Standard in 1985 from Kendriya Vidyalaya School, Vasco-da -Gama. She did her XIIth Standard i.e. Higher Secondary Education in 1987 from M.E.S. College, Vasco-da -Gama in Science stream. The petitioner intended to join the M.B.B.S. Course and held herself duly eligible and therefore applied for admission to the Goa Medical College run by the State of Goa and headed by the second respondent. This application claimed a seat reserved for Scheduled Caste of Goa under Clause 5.1(b) of the College Prospectus (1987-88) issued by the respondents regulating the admission to the first year M.B.B.S. Course and containing the eligibility for admission seekers. Clause 5.1(b) of the prospectus made a reservation of 11 seats for Scheduled Castes and Scheduled Tribes of Goa. The petitioner belongs to Mahar Caste. The petitioner is armed with a certificate issued by Tahsildar of Chikodi, Karnataka State dated 1st June, 1982 in that behalf. In support of her application for admission to the First Year M.B.B.S. the petitioner annexed a certificate obtained from the Mamlatdar of Vasco-da -Gama certifying that she belongs to the Hindu Mahar community which is duly declared as Scheduled Caste in relation to the State of Goa and further certifying that she and her family have been residing at Vasco-da-Gama. In support of her application for admission to the First Year M.B.B.S. the petitioner annexed a certificate obtained from the Mamlatdar of Vasco-da -Gama certifying that she belongs to the Hindu Mahar community which is duly declared as Scheduled Caste in relation to the State of Goa and further certifying that she and her family have been residing at Vasco-da-Gama. The petitioner however was not selected and her representations to the higher authorities equally failed, in that the petitioner was informed that she could not be considered for the reserved seat for Scheduled Caste/Scheduled Tribe in terms of Clause 5 as she is not a Scheduled Caste from Goa. 3. We may make it clear at this stage that the petitioner took her own time in approaching this Court by the present petition which was filed as late as end of September, 1987; the petition was brought up for hearing on rule on 28th September, 1987. Notice to the respondents on rule was issued after hearing Counsel for the parties on 12th October, 1987. Rule was made with the observation that the admission for the academic year 1987-88 to the First Year Medical Course shall not be disturbed. The petition was ordered to be expedited and that is how the petition has come up for final hearing before finalisation of the admissions to the First Year M.B.B.S. Course for the academic session 1988-89. 4. The petitioner was per forced to move an amendment to the petition as in the meantime some changes have been brought about in the Prospectus issued by Goa Medical College for 1988-89. Suffice for the moment to notice only the changes relevant to the present controversy. The past Prospectus for the year 1987-88 says:--- “5. Allocation of Seats. 1- Seats for students from Goa, Daman and Diu who have passed the Higher Secondary School Certificate Examination (or) All India Senior School Certificate Examination or equivalent, from schools/ Colleges in Goa, Daman and Diu. (a) …………………………………………………………………. (b) Applicants belonging to Scheduled Castes and Scheduled Tribes of Goa, Daman Diu 11 seats.” In the Prospectus for the year 1988-89 the change being:- "5. Allocation of Seats. (a) …………………………………………………………….. (b) Applicants whose State of origin is Goa, and who belong to Scheduled Castes of Goa………………...........................11 seats,” There is no change in the number of seats. 5. (a) …………………………………………………………………. (b) Applicants belonging to Scheduled Castes and Scheduled Tribes of Goa, Daman Diu 11 seats.” In the Prospectus for the year 1988-89 the change being:- "5. Allocation of Seats. (a) …………………………………………………………….. (b) Applicants whose State of origin is Goa, and who belong to Scheduled Castes of Goa………………...........................11 seats,” There is no change in the number of seats. 5. In the first instance Shri Rebello points out that there is no difference between the expression 'A Scheduled Caste of Goa' and expression 'An applicant whose State of origin is Goa and who belongs to Scheduled Caste of Goa'. According to him both convey the same meaning namely reservation is to a member of the Scheduled Caste of the territory of Goa. The difference at the most being the latter Prospectus is more clarificatory in nature. We are in agreement with Shri Rebello that there is hardly any difference between the two expressions. 6. Coming to the challenge now Shri Rebello for the petitioner urges that neither place of birth nor original from a state can be insisted upon to deny the constitutional benefit made available to a member of the Scheduled Caste. He urges that as long as the petitioner proves that she is a member of the Mahar caste and a bona fide resident of Goa is enough to attract the reservation enshrined in the Prospectus so long as Mahar is recognised by both Goa as well as Karnataka State under the Constitution (Scheduled Caste) Order, 1950. 7. It is common ground and beyond dispute that the petitioner has completed all her educational requirements leading to the eligibility for admission to the first year Medical Course in the State of Goa. It is equally undisputable that the petitioner's family belongs to Hindu Mahar community. Based on a certificate issued by the Tahsildar of Chikodi (Karnataka) the Mamlatdar of Vasco-da-Gama has issued a certificate to the petitioner that she belongs to Hindu Mahar Caste which is Scheduled Caste under Constitution (Scheduled Caste) Order, 1950. It is therefore urged on behalf of the petitioner by her learned Counsel Shri Rebello that in asmuch as the petitioner's case has been declared as a Scheduled Caste in the State of Goa and inasmuch as the petitioner has all throughout completed her educational qualifications leading upto Std. It is therefore urged on behalf of the petitioner by her learned Counsel Shri Rebello that in asmuch as the petitioner's case has been declared as a Scheduled Caste in the State of Goa and inasmuch as the petitioner has all throughout completed her educational qualifications leading upto Std. XII of the Higher Secondary education in Goa it is not possible for the respondents to have denied her admission to the First Year M.B.B.S. course in the Goa Medical College last year and in any event the history is liable to be repeated this year also as the insistence in the Prospectus is that only Scheduled Caste whose State of origin is Goa is made eligible under sub-clause 1(b) of Clause 5. The demand that only Scheduled Caste of Goa origin is made eligible irrespective of the length of residence/ domicile in Goa is arbitrary urges Shri Rebello. 8. There is great merit in the submission of the learned Counsel. In the first instance it must be seen that Hindu Mahar caste has been declared to be Scheduled Caste in the State of Karnataka under the Constitution (Scheduled Caste) Order, 1950 qua Article 341 of the Constitution of India. The Goa, Daman and Diu Re-Organization Act, 1987 by which Goa is made the 25th State directs Constitution (Scheduled Caste) Order, 1950 and the Constitution (Scheduled Caste) (Union Territories) Order, 1951 to stand amended as declared in First Schedule. The First Schedule of the Re-Organization Act, 1987 incorporates Part XXII- Goa after Part XXI in the Schedule of Constitution (Scheduled Caste) Order, 1950. New insertion reads :--- “Part XXII - Goa 1. Bhangi (Hadi) 2. Chambhar 3. Mahar 4. Mahyavanshi (Vankar) 5. Mang.” Now Mahar Caste has been declared to be Scheduled Caste under the Constitution (Scheduled Caste) Order, 1950 vide Article 341 of the Constitution of India in relation to the State of Goa. Once the petitioner is armed with a certificate to which we have made a reference earlier we fail to understand how it is possible to deny a seat reserved for Scheduled Caste to the petitioner merely because the petitioner is not from Goa or of Goan origin when otherwise she has been a resident of Goa since birth. The petitioner has completed all her education upto Std. XII throughout in Goa which clearly points out that right form her childhood she has a domicile in Goa. The petitioner has completed all her education upto Std. XII throughout in Goa which clearly points out that right form her childhood she has a domicile in Goa. On the grounds of domicile the petitioner would be ineligible to obtain admission to the first M.B.B.S. Course for reserved seat in any of the colleges outside the State of Goa including that of her parent State Karnataka. The constitutional protection of reservation of seat for Scheduled Caste will be denied to the petitioner unjustly. There is another way of looking at the whole matter and which we are unable to overlook. The petitioner on the strength of her residence in Goa since the time of her birth is otherwise eligible to apply for a general seat or seat in the general category. The residence/domicile the petitioner has till now is held sufficient to make her eligible to apply for a general seat. The learned Government Advocate was unable to deny this position insofar as the petitioner is concerned. If the petitioner on the strength of her domicile for the number of years she has been in Goa is able to apply for admission on the basis of her residence in Goa we fail to understand as to how she is unable to apply in the reserved seat as against Scheduled Caste/Scheduled Tribe. 9. Mr. Rebello, learned Counsel relied upon the decision of (Joginder Singh Bhatti v. The Controller, Pre-Medical Examination, (1973), M.P., Bhopal and another)1, reported in Indian Law Reports, M.P., 1977 page 423. It is not necessary to give facts in detail in that case. The question arose in that report as to whether Surinder Kaur who was not granted admission in the reserved seats for scheduled caste on the basis of Rules framed by the Medical Colleges of Madhya Pradesh Pre-Medical Examination Rules, 1973. The requirement of the Rules was that the candidate seeking admission had to be educated in the educational institution located in M.P. for three consecutive academic years during the five years immediately prior to admission. Secondly a candidate seeking a reserved seat in the category for Scheduled Caste, Scheduled Tribe, had to be armed with a certificate issued by the Collector certifying that the person seeking such seat is a bona fide resident of M.P. The petitioner's family had migrated from the District of Hoshiyarpur of Punjab to the State of M.P. in Durg District. Secondly a candidate seeking a reserved seat in the category for Scheduled Caste, Scheduled Tribe, had to be armed with a certificate issued by the Collector certifying that the person seeking such seat is a bona fide resident of M.P. The petitioner's family had migrated from the District of Hoshiyarpur of Punjab to the State of M.P. in Durg District. 'Chamar' caste in relation to the State of Punjab had been declared to be Scheduled Caste. Similarly under the Constitution (Scheduled Caste) Order, 1950 Chamar' caste has been declared to be a Scheduled Caste in relation to the State of M.P. Surinder Kaur was refused admission to the Medical College on the ground that she was not born in M.P. and had migrated from Punjab. A Division Bench of the Madhya Pradesh High Court struck down the order of denial of admission and issued mandamus directing the State Government of Madhya Pradesh to admit her to the medical course. The facts presently found in our petition are on all fours with the facts as are found in the judgment delivered by the Madhya Pradesh High Court (supra). 10. Shri Bhobe, learned Government Advocate contended before us that in relation to any State a declaration has to be made by the President of India under Article 341 of the Constitution as to which Castes or Communities are Scheduled Caste or Scheduled Tribe. Article 341 of the Constitution of India says that such declaration may even vary from area to area even in one and the same State. Mr. Bhobe naturally points out this to us to show that a Mahar community in the State of Goa may not be the same and may be different from Mahar community in the State of Karnataka or any other State in the country. He therefore urges that on the strength of a certificate from the concerned official from the State of Karnataka it may not be possible to hold that he caste of which the petitioner is a member is also included within the community of Mahar declared to be Scheduled Caste for the State of Goa. 11. We are however unable to agree with the learned Advocate for the Government. 11. We are however unable to agree with the learned Advocate for the Government. There is Scheduled Caste Order in relation to the State of Karnataka giving special protection for advancement to the Mahar community which is admittedly a backward community and therefore declared as Scheduled Caste and the same thing is available in relation to the State of Goa by virtue of the amendment of the Constitution (Scheduled Caste) Order, 1950 vide Schedule 1 of the Goa, Daman and Diu Re-Organisation Act, 1987. We are unable to make any distinction between a Mahar of one State from Mahar of another State unless such distinction is made under Scheduled Caste Order, 1950 or otherwise permitted such as grounds of domicile / residence. Mr. Bhobe says that the observations in the decision of the Supreme Court in (Bhaiya Lal v. Harikishan Singh and others)2, reported in A.I.R. 1965 S.C. 1557 are relevant and worthy of consideration. We may observe that there is no point in dilating on this decision Article 341(1) of the Constitution is nothing but a provision to provide additional protection to the members of the Scheduled Caste having regard to the economic and educational backwardness from which they suffer. Before a Notifications issued under Article 341(1), an elaborate inquiry must be made and if as a result of that inquiry for doing social justice to the castes, races or tribes it is expedient to specify parts or groups of castes, tribes or races then to make the specification by reference to different areas in the State meaning thereby that regional education and social backwardness be taken into account and not a State as a whole. In our view this authority will not assist the case of the respondents and on the contrary it may to certain extent help the case of the petitioner. 12. Mr. Bhobe however then tried to rely upon the authority of (K. Appa Rao v. Director of Posts Telegraphs, Orissa and others)3, reported in A.I.R. 1969 Orissa, page 220. We may again say with respect to Shri Bhobe that this authority cannot help the respondents. 12. Mr. Bhobe however then tried to rely upon the authority of (K. Appa Rao v. Director of Posts Telegraphs, Orissa and others)3, reported in A.I.R. 1969 Orissa, page 220. We may again say with respect to Shri Bhobe that this authority cannot help the respondents. On reading paragraph 8 of the of the report it is clear that the Division Bench of the Orissa High Court refused to grant the relief to the petitioner therein who was seeking to drive his promotion to higher post on the basis of reservation quota for Scheduled Caste and Scheduled Tribe in the State of Orissa when State of Orissa itself did not recognise and declare Kanda Kapu as Scheduled Tribe. 13. It is true that ordinarily State of origin will mean in relation to a person that State where his family has been residing permanently for ages and or the State where his parents or grant parents or any of them had been born and residing. Fact remains that the State of origin has not been defined. Restricting admissions to only those members of the Scheduled Caste of Goan origin will clearly mean exclusion of families of Scheduled Caste who have permanently settled down and are bona fide residents of Goa and who otherwise satisfy the test of Goan domicile. 14. In our opinion the matter will have to be judged in a correct and proper perspective and in the context and object for which reservation is made. Reservation has been conceived as the only feasible way to promote the educational and economic interest of the Scheduled Caste and Scheduled Tribe and that too as a transitional measure. Mahar community has been notified under the Constitution (Scheduled Caste) Order 1950 in relation to the State of Goa. Similar is the situation in the State of Karnataka. Therefore, a Mahar from Karnataka in Goa State cannot be viewed differently and for all purposes he remains a scheduled caste. This being so it is difficult to discriminate between a Scheduled Caste of Goan origin and a Scheduled Caste long settled down in Goa. There is no distinction made by the Constitution (Scheduled Caste) Order, 1950. This being so it is not possible for the respondents to make any such distinction and seek to carve out protection to those of Goan origin. There is no distinction made by the Constitution (Scheduled Caste) Order, 1950. This being so it is not possible for the respondents to make any such distinction and seek to carve out protection to those of Goan origin. The challenge of the petitioner that the expression 'whose State of origin is Goa' militates against the constitutional guarantee that way arbitrary will have to be accepted and these words deleted from sub-clause 1(b) of Clause 5 of the Prospectus for the session 1988-89. We may however mention, lest be misunderstood that this is not to say that any member of Scheduled Caste or Scheduled Tribe from other State/ Union Territory is entitled to get admission in Goa Medical College merely because he belongs to that caste. In our view in addition to other eligibility conditions, such candidate must satisfy bona fide and long residence and Goan domicile. 15. Coming back to the petitioner's case it is clear that her parents settled down in Goa in 1965. With the gainful employment in Mata Secondary School, her parents took up permanent residence in 1965. Since her birth in 1970, the petitioner is residing at Goa and therefore satisfies the tests of domicile in Goa. By any standards the petitioner is a Scheduled Caste of Goa and from Goa. 16. Judged by all these the petitioner was erroneously denied admission to the 1st year M.B.B.S. course for the session of 1987-88. We are now told that the petitioner has applied for admission in Goa Medical College for one of the seats reserved for Scheduled Caste vide Clause 5.1(b) of the Prospectus 1988-89. The respondents are directed to consider the application for a reserved seat on its merits without reading the expression 'whose State of origin is Goa' in Clause 5.1(b) of the Prospectus. 17. Petition accordingly succeeds. The expression 'whose State of origin is Goa' in sub-clause 1(b) of Clause 5 of the Prospectus for the session 1988-89 are struck down and deleted. Rule accordingly made absolute with direction to the respondents to consider the application of the petitioner for a reserved seat. The parties are directed to bear their own costs. Rule made absolute. -----