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.
