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HindustanTimes Fri,25 Jul 2014

SC rules out quotas for outsiders

Satya Prakash, Hindustan Times  New Delhi, August 14, 2009
First Published: 01:49 IST(14/8/2009) | Last Updated: 01:52 IST(14/8/2009)

Scheduled Caste, Scheduled Tribe or Other Backward Class people from one state will not be entitled to reservation in jobs and educational institutions outside their state, the Supreme Court has ruled.

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It means an SC, ST or OBC person coming to Delhi from another state cannot claim a reserved seat in Delhi government’s educational institutions such as Indraprastha University or in its bureaucracy.

But nothing changes for educational institutions run by the Central government such as the Delhi University and the all-India services – the reserved seats will be open to people from all over the country.

A bench reversed a Delhi HC verdict that allowed OBC candidates from other states to avail of quota benefits in the National Capital Territory.

“Merely because a particular caste is specified in one state as belonging to OBCs does not necessarily mean that if there be another group belonging to the same nomenclature in another state and a person belonging to that group is entitled to the privileges and benefits admissible to the members of that caste,” the court said.

The court agreed with petitioners Subhash Chandra and Sarv Rural and Urban Welfare Society that a person belonging to a caste notified as SC in one state cannot automatically claim benefit due to the same caste in another state or Union Territory.

Constitutional expert Shanti Bhushan said, “It appears to be a correct interpretation of constitutional provisions.”


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