- (1.) The special appeal is from a judgment of the learned Single Judge dated 7 September 2015. The appellant was admitted in 2006-07 to the MBBS degree course at Safai Medical College on a seat reserved for the Scheduled Tribes. The appellant claims to belong to the Scheduled Tribe of Meena. Admittedly, the aforesaid tribe has been designated as a Scheduled Tribe in relation to the State of Rajasthan but not in the State of Uttar Pradesh. The father of the appellant was employed in the Railways and was at the material time posted at Najibabad in the district of Bijnor in Uttar Pradesh. Thereafter, the appellant's father was transferred to New Delhi as part of the exigencies of service and eventually retired from service. The appellant completed his MBBS degree course in 2012-13 (on a reserved seat) and applied for the U.P. Post Graduate Medical Education Examination, UPPGMEE on a seat reserved for Scheduled Tribes. The appellant was required to file his certificate in a proforma. On the ground that the appellant did not furnish his certificate in the prescribed proforma after due attestation from the local authorities, he was declined admission by the Counseling Board at the stage of counseling. In the order which was passed by the Counseling Board, it was stated that in the certificate which was furnished by the appellant, his place of residence in the State of Uttar Pradesh was not mentioned. Moreover, the appellant had produced a copy of the certificate issued by the Collector of Alwar in Rajasthan which was not acceptable to the Counseling Board. Aggrieved by the decision of the Counseling Board, the appellant filed a writ petition under Article 226 of the Constitution seeking to challenge the decision of the Counseling Board and for a mandamus for the allotment of a seat in order to enable him to pursue his post graduate medical education in the State of Uttar Pradesh.
(2.) The learned Single Judge dismissed the writ petition on the ground that in order to seek the benefit of a reserved seat, the appellant was required to fulfill all the requirements; that although the appellant was asked to file a certificate in the prescribed proforma after due attestation, he had failed to do so; and that the appellant had failed to establish that he had migrated to the State of Uttar Pradesh. In the circumstances, the learned Single Judge held that the appellant would not be entitled to the benefit of a seat reserved for the Scheduled Tribes for admission to medical colleges in the State of Uttar Pradesh. When the special appeal came up before this Court, the basic issue which was to be addressed was how the appellant who claims to belong to a Scheduled Tribe in Rajasthan can claim the benefit of a seat reserved for the Scheduled Tribes in the State of Uttar Pradesh. Since this aspect was not adverted to in the order passed by the learned Single Judge, a request was made before this Court by counsel for the appellant in the special appeal for an adjournment to enable the appellant to file a supplementary affidavit. We deemed it appropriate and proper to allow this request. In pursuance of the opportunity which was granted by the Court, the appellant has filed a supplementary affidavit dated 15 October 2015.
(3.) Basically, the case of the appellant is that in exercise of its discretionary power, the State has granted the benefit of reservation to persons who have migrated from other States to the State of Uttar Pradesh as Scheduled Castes and Scheduled Tribes for the purpose of education and employment even though the community in question is not included in the Presidential Order designating Scheduled Castes and Scheduled Tribes in relation to the State of Uttar Pradesh. The appellant has relied upon five instances of teachers who have been selected as L.T. Grade teachers in the State of Uttar Pradesh on the basis of Scheduled Tribe Certificates granted to them as belonging to the Meena community in the State of Rajasthan. This is the submission which falls for consideration. Article 342 of the Constitution provides as follows: "342. Scheduled Tribes.--(1) The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union territory, as the case may be. (2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification." Clause (1) of Article 342 empowers the President to specify tribes or tribal communities or part of or groups within tribes or tribal communities which shall for the purposes of the Constitution "be deemed to be scheduled tribes in relation to that State." Under clause (2), Parliament is vested with the jurisdiction to include or exclude from the list of scheduled tribes specified in the Presidential notification issued under clause (1). Consequently, it is clear from clause (1) of the Article 342 that the specification of tribes or tribal communities or parts of or groups amongst them, as Scheduled Tribes is in relation to a particular State. That is the plain meaning and intendment of the expression "in relation to that State".;