The benefit of the reservation in public employment for the Scheduled Castes or Scheduled Tribes would be available in all the State or Union Territory irrespective of whether a Caste or Tribe is Scheduled or not in Presidential Notification of later State or Union Territory.

                    

                     The benefit of the Scheduled Caste and Scheduled Tribe’s Status by obtain Caste Certificate would be available only in the State or Union Territory in respect of which the Caste or Tribe is so specified. But according to Article 16 (1) (2) (3) & (4) of the Constitution of India, the benefit of the reservation in public employment for the Scheduled Castes or Scheduled Tribes would be available in all the State or Union Territory irrespective of whether the Caste or Tribe is Scheduled or not in Presidential Notification of later State or Union Territory. Member of the Scheduled Castes and the Scheduled Tribes so specified would be entitled to enjoy all the Constitutional rights that are enjoyable by all the Citizens of India.

                     The provision of Article 16 (3) read with Articles 341 (2) and 342 (2) of the Constitution of India is invests the Parliament, and Parliament only with exclusive jurisdiction to provide for residential qualifications in relation to public employment, even in States. This is consistent with the intention of the Constitution to exclude all other authorities from enacting or providing for residential qualifications. Thus, State Legislatures and other wings such as the Union Executive, whether in relation to State employment or local authority employment, or Union or Union Territory employment, are not competent to make such residential provisions. Consequently, States or even Union Government cannot add to, or subtract from the conditions slept out by the SC/ST Orders, either in relation to States or Union Territories.

SC or ST persons moved from his/her State or UT of his/her permanent place of residence into another State or UT within a territory of India, he/she cannot be said to have migrated into another State or UT within the territory of India.

             

            A meaning of word "migration", "ordinarily resident ", “domicile” and “origin” are briefly explained by Five Judge Bench of the earlier Hon’ble Apex Court in the Case of SMT. SHANNO DEVI Vs. MANGAL SAIN Reported in 1961 AIR 58, : 1961 SCR (1) 576 as follows :-

                 

                 For all these reasons it appears clear that when the framers of the Constitution used the words "migrated to the territory of India" they intended "come to the territory of India with the intention of residing there permanently". The only explanation of 'their not expressly mentioning "domicile" or the "intention to reside permanently" in Art. 6 seems to be that they were confident that in the scheme of this Constitution the word "1^st   migration" could only be interpreted to mean "come to the country with the intention of residing there permanently".

                

             In support of this contention is that the word ’migrate’ means going to another Country an intention of residing there permanently or a person  come from another country with an intention for residing permanently to a Country.

                  In other words, under the Article 6 of the Constitution of India though at the point of time “a person moved from his permanent place of residence of a State into a new place of another State within a Country, he cannot be said to have migrated to this place or State/UT within a Country.”

                Meaning of "migration", “domicile”, “origin” and "ordinarily resident" are given under the  Article 5,6,7 and 8 of the Constitution of India.

Patel Dhirubhai Argued that Income Ceiling fixed by the government of India for Pre-Metric and Post Metric Scholarship is make unequal to SCs and STs

Patel Dhirubhai is Argued to Government of India for the withdraw of Perennial  Income Ceiling of Rs.2,50,000/- fixed for Pre-Metric and Post Metric Scholarship. It is Violating the Article 14 and 15 (4), 46, 341, 342, 366 (24) and 366 (25) of the Constitution of India.

Pre-Metric and Post Metric Scholarships are made for SCs and STs under the Special provisions provided by Article 15 (4), 46, 275(1), 341, 342, 366 (24) and 366 (25), it cannot be depend upon student’s parents income ceiling of Rs. 2,50,000/- Argued by Patel Dhirubhai.

 Pre-Metric and Post Metric Scholarships are made for SCs and STs under the Special provisions provided by Article 15 (4), 46, 275(1), 341, 342, 366 (24) and 366 (25), it cannot be  depend upon student’s parents income ceiling of Rs. 2,50,000/- Argued by Patel Dhirubhai.

             

          Status of the Scheduled Castes or Scheduled Tribes cannot be depending on Income of student’s parents. The benefits of Pre-Metric and Post Metric Scholarships are made for SCs and STs under the Special provisions provided by Article 15 (4), 46, 275(1), 341, 342, 366 (24) and 366 (25), it cannot be  depend upon student's Parents income ceiling of Rs. 2,50,000/-

           The Parental Income Ceiling fixed for ST Students for Pre-Metric and Post Metric Scholarship by the Ministry of Tribal Affairs is arbitrary , discriminatory and violating of Article 14, 15(4), 46, 342 and 366 (25) of the Constitution.

             ‘Means Test’ is held only for Other Backward Class (i.e. for OBC) and has no relevance in the case of Scheduled Castes and Scheduled Tribes.

             Imposing Income Ceiling by Govt. of India for Pre-Metric and Post Metric Scholarship for SCs and STs is discriminating under Article 15 (4) of the Constitution among similar SC/ST persons. It is also a clear violation right of equality under Article 14 which override or abridge of the fundamental rights guaranteed to the Citizens under Article 14 and 15 (4).

Patel Dhirubhai asking question to Govt. of India regarding Reservation Policy of Govt. of India

(A)   Whether the Reservation Policy of the Government of India for Scheduled Castes and Scheduled Tribes as to applicable in posts and Services of various Union Territory Administrations or not.

       (B)  If the Reservation Policy of the Government of India for Scheduled Castes and Scheduled Tribes as to applicable in posts and services of various Union Territory Administrations then why the Appointing Authorities of UT Administrations are not considering the Claims of other States SCs / STs in direct recruitment and Claims for Promotion from feeder cadre employees for the posts and services under the various Union Territory Administrations.   

The State Government or Union Territory Administration cannot forced or legislate on requirement of local residence of Scheduled Castes or Scheduled Tribes for employment under the State Government or Union Territory Administration.

                    

             Under the Articles 341 (1) and 342 (1), those castes, tribes and race who are notified as Scheduled Castes or Scheduled Tribes in relation to that State or Union Territory, are entitled to all reservation benefits under the Scheme of Constitution of India is reinforced by the Presidential Notification in any State or Union Territories. Only Parliament can add castes, tribes and race or include such other castes, tribes and race in existing notification under the Articles 341 (2) or Article 342 (2) and such Scheduled Castes or Scheduled Tribes which is requirement of local residence in relation to that State or Union Territory for reservation in employment can only forced by Parliament by making a law under Article 16 (3) of the Constitution of India for prior to such employment or appointment within a State or Union Territory. The State Government or Union Territory Administration cannot legislate on this aspect; nor can the executives of Union or State Government, add to or alter the exiting list of Scheduled Castes or Scheduled Tribes notification issued in relation to a State or Union Territory, either through State legislation or through policies or orders or letters or circulars.

Prejudicial to national Interest is punishable

               The Indian Penal Code 1860 is providing under Section 153-A  that " Promoting enmity between different groups on ground of religion, race, place of birth, residence, language etc. and doing acts prejudicial to maintenance of harmony by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote on grounds of religion, race, place of birth, residence, language , caste or community or any other ground whatsoever, disharmony  or feeling of enmity, hatred or ill will between different religious, racial , language or regional groups or castes or communities shall be punishable with imprisonment which may extend to five years and shall also be liable to fine."