M. S. PARIKH, J. ( 1 ) IN this petition under Article 226 of the Constitution of India the petitioner has prayed for herself being declared entitled for admission to the First M. B. B. S. Course at the Government Medical Colleges on merits having regard to the fact that she belongs to Chamar Community which is recognized as Scheduled Caste community both in the State of U. P. and in the State of Gujarat and also for the letter portion of Rule :2 (Annexure:n) being Rules for admission to First M. B. B. S. /first B. D. S. Courses at the Government Medical Colleges and other Colleges. Being declared as bad in law and violative of provision contained in Article: 14 of the Constitution of India. ( 2 ) ON 4th August 1992 Notice pending admission returnable on 6th August 1992 was issued and on 6 August 1992 following order was passed:"rule. By way of interim relief it is directed that the petitioners case will be considered as if she is entitled to the benefits of reserved seats for Scheduled Caste. In case she is found entitled to be admitted to first M. B. B. S. course on this basis one seat shall be kept vacant in whichever colleges she may be entitled as per her merit. Respondents are directed to file Affidavit in Reply latest by August 12 1992 The petition shall be placed for final hearing on August 14 1992 (Coram: A. P. Ravani J.)" ( 3 ) THE matter having reached for final hearing before this Court has been heard. It is not in dispute that the petitioner belongs to Chamar caste. It is also not in dispute that she secured required qualifying marks for the purpose of being considered for admission into any of the medical colleges stated in the Rules. It is finally not in dispute that Chamar caste is one of the Scheduled Caste in both States viz. State of U. P. being the State of original in so far as petitioner is concerned and the+state of Gujarat where her parents were required to migrate on account of transfer of petitioners father in the Central Government Job. With these undisputed facts the case of the petitioner is required to be examined. State of U. P. being the State of original in so far as petitioner is concerned and the+state of Gujarat where her parents were required to migrate on account of transfer of petitioners father in the Central Government Job. With these undisputed facts the case of the petitioner is required to be examined. ( 4 ) THE petitioners father belonging to Chamar community as stated above hails from U. P. He is Senior Marketing Officer and a Central Government employee. His post is transferable. On or about 15 April 1982 petitioners father was transferred from Rajkot to Bombay. Then he was again transferred to Rajkot on 22nd May 1987. He has been working as I/c. Regional A. G. Mark Laboratory at Rajkot. In the background of petitioners father State of employment it has been asserted that the petitioner has passed S. S. C. and H. S. C. Examination conducted by Central Board of Examination in the State of Gujarat. It is not in dispute that she secured more than the required marks for enabling her to apply for admission in the First M. B. B. S. Courses. She passed her All India Secondary School Examination in 1990 and she passed her All India Senior School Certificate Examination held in March 1992 which is equivalent to Higher Secondary School Certificate Examination held by the Higher Secondary-School Certificate Examination Board in the State of Gujarat. She secured 58. 8% marks in Science subject Plus subject of English whereas she secured 60. 75% marks in Science subjects. She produced required Certificates along with application form with a request that her name might be included in the list of Scheduled Caste candidates for admission to the First M. B. B. S. /first B. D. S. course for academic year 1992-93. Such list came to be published on 31st July 1992 and the petitioners name did not appear in that list. The petitioner was therefore required to approach this Court for the prayers as stated above and at the there should interim order reproduced hereinabove came to be passed. ( 5 ) THE stand of the respondent reflected in the Affidavit in Reply is that by virtue of Rule:2 of the Rules relating to admission to First M. B. B. S. etc. courses the petitioner would not be entitled for admission to any of such courses in the quota reserved for Scheduled Caste candidates. ( 5 ) THE stand of the respondent reflected in the Affidavit in Reply is that by virtue of Rule:2 of the Rules relating to admission to First M. B. B. S. etc. courses the petitioner would not be entitled for admission to any of such courses in the quota reserved for Scheduled Caste candidates. Reliance is also placed upon the guidelines issued by the Government of India on 2nd February 1985 for the purpose of appreciating the stand of the respondent Rule:2 of the Rules for admission to First M. B. B. S. and other such courses is reproduced hereunder:"2 Seven per cent of the total seats earmarked for admission to the first M. B. B. S. /first B. D. S. /first B. Physic courses respectively shall be reserved for candidates belonging to Scheduled Caste and thirteen per cent of the total seats shall be similarly reserved for candidates belonging to Scheduled Tribes Nomadic Tribes and Denotified Tribes and ten per cent of the total seat shall be reserved for the candidates belonging to the Socially and Educationally Backward Classes provided that the percentages referred to above shall be calculated after deducting seats reserved under rule 3 from the total available seats. Under State quota as referred above these seats are reserved for the candidates belonging to SC/stint/dnt and SEBC recognised as such in the State of Gujarat and not to those who have migrated from other States". The guidelines referred to in the Affidavit in Reply of the respondents read as under:"i am directed to say that it has been represented to this Ministry that persons belonging to Scheduled Castes/scheduled Tribes who have migrated from one State to another for the purpose of employment education etc. experience great difficulty in obtaining caste/tribe certificates from the State from which they have migrated. In order to remove this difficulty it has been decided to modify the instructions issued is Letter No. BC. 12025/2/76-SCT-1. dated 22nd March 1977 and letter No. BC. experience great difficulty in obtaining caste/tribe certificates from the State from which they have migrated. In order to remove this difficulty it has been decided to modify the instructions issued is Letter No. BC. 12025/2/76-SCT-1. dated 22nd March 1977 and letter No. BC. 12025/11/79-SC and BCD-1/iv dated 29th March 1982 that the prescribed authority of a State Government/union Territory Administration may issue the Scheduled Caste/tribe Certificate to a person who has migrated from another State on production of the genuine certificate issued to his father by the prescribed authority of the State of the fathers origin except where the prescribed authority feels that detailed inquiry is necessary through the State of origin before issue of the certificate. The certificate will be issued irrespective of whether the caste/tribe in question is scheduled or not in relation to the State/union Territory to which the person has migrated. This facility does not alter the Scheduled Caste/tribe status of the person in relation to the one of the other State. The revised form of the Scheduled Caste/tribe certificate has already been circulated with this Ministrys letter of even number dated 6th August 1984 ]2 It is also clarified that a Scheduled Caste/tribe person who has migrated from the State of origin to some other State for the purpose of seeking education employment etc. will be deemed to be a Scheduled Caste/tribe of the State of his origin and will be entitled to derive benefits from the State of origin and not from the State to which he has migrated. 3 This letter substitutes this Ministrys earlier letter of even number dated 18th November 1982". ( 6 ) THE respondents have then made a reference to the Judgment of the Honourable Supreme Court in the case of Merrichandra Shekhar Rao vs. Dean Seth G. S. Medical College and Ors. reported in (1990) 3 S. C. C. 130. 3 This letter substitutes this Ministrys earlier letter of even number dated 18th November 1982". ( 6 ) THE respondents have then made a reference to the Judgment of the Honourable Supreme Court in the case of Merrichandra Shekhar Rao vs. Dean Seth G. S. Medical College and Ors. reported in (1990) 3 S. C. C. 130. It is contended relying upon this Judgment that in that case the petitioner was not entitled to benefit of reservation in Maharashtra on the basis that petitioner there was Scheduled Tribe candidate of Andhra Pradesh and was therefore not entitled to admission to a medical college in Maharastra Even though the facts in the present case are slightly different contend the respondents the petitioner in this petition would not be entitled to admission in the First M. B. B. S. courses in the quota reserved for Scheduled Caste by virtue of the principles laid down and guidelines enunciated by the Honorable Supreme Court in tie case of Merrichandra Shakhar Rao (supra ). ( 7 ) ALTHOUGH Mr. B. P. Tanna ld. Advocate appearing for the petitioner placed reliance upon a decision contained in the case of Harijan Mahendrakumar Budharam vs. BJ. Medical College and Ors. reported in 1986 G. L. H. 797 and Ghanshyam Kisan Borikar vs. L. D. Engineering College and Ors. reported in 1986 G. L. H. 802. He fairly conceded that the decision of this Court contained in the case of Ghanshyam Kisan vs. L. D. Engineering College having been over ruled in the case of Merrichandra Shekhar Rao (supra) he would concentrate upon the decision of the Supreme Court in the case of Merrichandra (supra) itself instead of stretching the matter any further. According to his submission whereas the facts of the case of the petitioner in Merrichandra (Supra) were quite different from the facts of the present case the facts of the present case would squarely be covered by the observations of the Supreme Court appearing in Para:10 of the citation concerning Merrichandras case (Supra ). Paras: 10 and 20 are therefore reproduced hereunder :. "10 It has however to be borne in mind that a man does not cease to belong to his caste by migration to a better or more socially free and liberal atmosphere. Paras: 10 and 20 are therefore reproduced hereunder :. "10 It has however to be borne in mind that a man does not cease to belong to his caste by migration to a better or more socially free and liberal atmosphere. But if sufficiently long time is spent in socially advanced area then the inhibitions and handicaps suffered by belonging to a socially disadvantageous community do not continue and the natural talent of a man or a woman or a boy or girl gets full scope to flourish. These however are problems of social adjustment i. e. how far protection has to be given to a certain segment of socially disadvantaged community and for how long to become equal with others is a matter of delicate social adjustment. These must be so balanced in the mosaic of the countrys integrity that no section or community should cause detriment or discontentment to other community or part of community or section. Scheduled Castes and Scheduled Tribes belonging to a particular area of the country must be given protection so long as and to the extent they are entitled in order to become equal with others. But equally those who go to others areas should also ensure that they make way for the disadvantaged and disabled of that part of the community who suffer from disabilities in those areas. In other words Scheduled Castes and Scheduled Tribes say of Andhra Pradesh do require necessary protection as balanced between other communities. But equally the Scheduled Castes and Scheduled Tribes say of Maharashtra in the instant case do require protection in the State of Maharashtra which will have to be in balance to other communities. This must be the basic approach to the problem. If one bears this basic approach in mind then the determination of the controversy in the instant case does not become difficult". "20 Having regard however to the purpose and the scheme of the Constitution which would be just and fair to the Scheduled Castes and Scheduled Tribes not only of one State of origin but other states also where the Scheduled Castes or Tribes migrate in consonance with the rights of other castes or community rights should be harmoniously balanced. "20 Having regard however to the purpose and the scheme of the Constitution which would be just and fair to the Scheduled Castes and Scheduled Tribes not only of one State of origin but other states also where the Scheduled Castes or Tribes migrate in consonance with the rights of other castes or community rights should be harmoniously balanced. Reservations should and must be adopted to advance the prospects of weaker sections of society but while doing so care should be taken not to exclude the legitimate expectations of the other segments of the community". ( 8 ) IN the case before the Supreme Court the candidates was recognized as a candidate belonging to Scheduled Tribe in the State of his origin whereas the said tribe was not recognized as Scheduled Tribes in the State of migration. In so far as the present case is concerned the case to which the petitioner belongs has been recognized as Scheduled Caste in her State of origin at the same time the same caste has been recognized as Scheduled Caste in the State of Gujarat which is her State of migration. Besides the migration has resulted on account of transfer of the petitioners father which migration is obviously involuntary. The result is that the observations of the Supreme Court contained in Para: 23 would obviously apply. The same may be reproduced hereunder:"23 Having construed the provisions of Articles 341 and 342 of the Constitution in the manner we have done the next question that falls for consideration is the question of the fate of those Scheduled Caste and Scheduled Tribe Students who get the protection of being classed as Scheduled caste or Scheduled Tribes in the State of origin when because of transfer or movement of their father or guardians business or services they move to other States as a matter of voluntary (sic involuntary) transfer will they be entitled to some sort of protection treatment so that they may continue or pursue their education. Having considered the facts and circumstances of such situation it appears to us that where the miration from one State to another is involuntary. Having considered the facts and circumstances of such situation it appears to us that where the miration from one State to another is involuntary. be force of circumstances either of employment or of profession in such cases if students or persons apply in the migrated State where without affecting prejudicially the rights of the Scheduled Castes or Scheduled Tribes in those states or areas any facility or protection for continuance of study or admission can be given to one who has or migrated then some consideration is desirable to be made on that ground. It would therefore be necessary and perhaps desirable for the legislatures or the Parliament to consider appropriate legislations bearing this aspect in mind so that proper effect is given to the rights given to Scheduled Castes and Scheduled Tribes by virtue of the provisions under Articles 341 and 342 of the Constitution. This is a matter which the State legislatures or the Parliament may appropriately take into consideration. (Emphasis supplied)" ( 9 ) NOW therefore there are two situations one dealt with by the Honourable Supreme Court and another as reflected in the present case. In so far as the present case is concerned the caste to which the petitioner belongs is recognized as Scheduled Caste in her State of origin as well as her State of migration. Added to this is the fact that migration is involuntary. The result is that the observations to the effect that Scheduled Caste and Scheduled Tribe candidates belonging to a particular area of the country must be given protection so long as and to the extent they are entitled in order to become equal with others without adversely affecting the disadvantaged and disabled of that part of the community who suffer from disabilities in those area (where the candidate has migrated) would apply to the facts of the present case bearing in mind the statement made by Mr. R. P. Solanki learned A. G. P. for the respondent that no other candidate belonging to Scheduled Caste of this State is likely to be adversely affected since one seat has been kept vacant. Added to this is the factor emphasized by the Supreme Court namely that the migration here is involuntary. R. P. Solanki learned A. G. P. for the respondent that no other candidate belonging to Scheduled Caste of this State is likely to be adversely affected since one seat has been kept vacant. Added to this is the factor emphasized by the Supreme Court namely that the migration here is involuntary. Dealing with similar fact situation this Court in the case of Harijan Mahendrakumar (Supra) held as under in Para: 14:"14 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 recognized as SC in the State of Gujarat as well as 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 socio-economic 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 in 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". And in my opinion that part of the law laid down in Harijan Mahendrakumars case (supra) still holds good. ( 10 ) THE result is that the petition deserves to be granted. It is no doubt true that on account of passage of one year the petitioner would be loosing one academic year and that fate has been gracefully accepted by the petitioner. The petitioner has through her learned Advocate expressed that she would still be willing to be considered for admission in First M. B. B. S/first B. D. S. course in th seat which has been kept vacant pursuant to the interim order passed by this Court as stated above. ( 11 ) IN the facts of the case therefore following order is passed: the petition is allowed. ( 11 ) IN the facts of the case therefore following order is passed: the petition is allowed. The respondents are directed to consider the petitioner as student belonging to Scheduled Caste and give her benefit of admission in respect of the seat which has been kept vacant pursuant to the interim order reproduced hereinabove by making necessary adjustment and/or regularisation bearing in mind the fact that the petitioner has willingly accepted loss of one academic year. Rule is made absolute in the aforesaid term with no order as to costs. Petition Allowed. .