The Supreme Court has ordered that the Scheduled Castes and Scheduled Tribes can enjoy the benefits of reservation in government jobs in their own states only. The Court has stated that the SC/ST shall not be allowed to avail the benefits of reservation where they have migrated for educational or employment purposes.
The Court has said that the status of SC/ST is granted in relation to the state and the concept of reservation will hold no value if the people who have migrated from one state to another are brought within its scope. The SC has passed this order while deciding a case on the issue of reservation in subordinate services which was referred to it by the Delhi High Court.
The SC has stated that the people belonging to the SC or ST category in one state cannot be given the same status in any other state where they have migrated for the purposes of employment or education. The Court further stated that if the SC/ST are allowed to avail the benefits of reservation in all the states then the mandate of the Constitution of India to restrict the benefits of reservation within the geographical boundaries of a state will be compromised.
It has been deduced by the SC that the Presidential orders issued with regard to SCs (Article 341) and STs (Article 342) under the Constitution cannot be changed by any authority including Courts as it will go against the constitutional mandate. It also stated that only the Parliament has the powers to alter such mandate under the boundaries derived by law.