State of Maharashtra v. Prakash Ghanshamdas Nathani
1994-12-13
K.RAMASWAMY, N.VENKATACHALA
body1994
DigiLaw.ai
JUDGMENT : The respondent No. 1 admittedly was a migrant from Sindh. He was Thakur by caste. He claimed the status of Scheduled Tribe but the Maharashtra Government negatived that claim. He filed the Writ Petition No. 2388 of 1981. The Division Bench by the order dated April 7, 1992 directed the appellant to give admission to respondent No. 1 to the medical college on the status that he is a Scheduled Caste. When he claimed to be a Scheduled Tribe, the High Court has wrongly given the status of Scheduled Caste. The question whether respondent No. 1 is Scheduled Tribe is now squarely covered by the decision of the Constitution Bench of this Court in Marri Chandra Shekhar Rao v. Dean, Seth G. S. Medical College, (1990) 3 SCC 130 . This Court held that a migrant from one State to another State is not entitled to carry his status to the migrated State unless in the migrated State his status as Scheduled tribe is recognised by that State itself. In view of the fact that the State of Maharashtra had not recognised Thakur migrants from Sindh as a Scheduled Tribe, and in Sindh itself he was not a Scheduled Tribe, the respondent could not claim the status of Scheduled Tribe. No doubt, he completed the education in medicine by virtue of the order passed by the High Court pending appeal but he cannot carry his status as Scheduled Tribe which he falsely claimed and wrongly given by the High Court. The order of the High Court is set aside and the appeal is accordingly allowed. No costs. Appeal allowed.