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Scheduled Caste Welfare - Frequently Asked Questions

The Protection of Civil Rights Act, 1955 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

Untouchability

Atrocity

National Overseas Scholarships for SCs and STs Candidates

Centrally Sponsored Scheme of Post Matric Scholarship to students belonging to Scheduled Castes and Scheduled Tribes

Centrally Sponsored Scheme of Pre Matric Scholarship to the children of those engaged in unclean occupations

Central Sector Scheme of Special Educational Development Programme for Scheduled Caste girls belonging to very low literacy levels

Scheduled Castes Lists

Untouchability

What is required to be done in case any practice of Untouchability is noticed?

Ans: Person affected by the practice of untouchability may approach the Police Station covering the area of such incidence and register First Information Report(FIR) as per provision under Sections 3 to 7 of the Protection of Civil Rights Act, 1955.

What are the provisions of the relevant act?

Ans: Provisions of the Protection of Civil Rights Act, 1955 relating to Untouchability are as under:

Section 3- Preventing on the ground of untouchability

  1. from entering any place of public worship, which is open to other persons professing the same religion of any section thereof, or
  2. from worshipping or offering prayers or performing any religious service in any place of public worship, or bathing in, or using the waters of, any sacred tank, well, spring or water - course,(river or lake or bathing at any ghat of such tank, water-course, river of lake).

Section 4 - Enforcing on the ground of untouchability, any disability with regard to-

  1. access to any shop, public restaurant, hotel or place of public entertainment; or
  2. the use of any untensils and other articles kept in any public restaurant, hotel, dharm shala, sarai or musafirkhana for the use of the general public or
  3. the practice of any profession or the carrying on of any occupation, trade or business (or employment in any job) or
  4. the use of, or access to, any river, stream, spring, well, tank, cistern, water-tap or other watering place, or any bathing ghat, burial or cremation ground, any sanitary convenience, any road, or (passage, or any other place of public resort which other members of the public, or, have a right to use or have access to; or
  5. the use of, or access to, any place used for charitable or a public purpose maintained wholly or partly out of State funds or dedicated to the use of general public or
  6. the enjoyment of any benefit under a charitable trust created for the benefit of the general public ; or
  7. the use of, or access to, any public conveyance; or
  8. the construction, acquisition, or occupation of any residential premises in any locality, whatsoever; or
  9. the use of any dharmshala, sarai or musafirkhana which is open to the general public, or
  10. the observance of any social or religious custom, usage or ceremony or
  11. the use of jewellery and finery;

Section 5 - Refusingr on the ground of 'untouchability'-

  1. admission to any person to any hospital, dispensary, educational institution or any hostel if such hospitaldispensary, educational institution or hostel is established or maintained for the benefit of the general public or any section thereof;or
  2. discriminates against any such person after admission to any of the aforesaid institutions;

Section 6 -Refusing on the ground of 'untouchability' to sell any goods or refuses to render any service to any person at the same time and place and on the same terms and conditions at or which such goods are sold or services are rendered to other persons in the ordinary course of business.

Section 7 (1)

  1. Acting, on the gound of untouchability leading to prevention of any person from exercising any right accruing to him by reason of the abolition of 'untouchability' under Article 17 of the Constitution;or
  2. molests, injures, annoys, obstructs or causes or attempts to cause obstruction to any person in the exercise of any such right or molests, injures, annoys or boycotts any person by reason of his having exercised any such rights; or
  3. by words, either spoken or written, or by signs or by visible representations or otherwise, incites or encourages any person or class of persons or the public generally to practise "untouchability" in any form whatsoever; or
  4. insults or attempts to insult, on the ground of "untouchability" a member of a Scheduled Castes.

Atrocity

What is required to be done in case any atrocities is committed on any person belonging to Scheduled Caste and the Scheduled Tribe by any person other than SC/ST?

Ans: The affected person may file an First Information Report (FIR) in the Police Station of the area as per provision under Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

What is covered under atrocities against SC & ST?

Ans: In case a person, not being a member of a Scheduled Caste or a Scheduled Tribe, forces a member of SC/ST

  1. to drink or eat any inedible or obnoxious substance;
  2. to cause injury, insult or annoyance by dumping excreta, waste matter, carcasses or any other obnoxious substance in his premises or neighbourhood;
  3. forcibly removes clothes or parades him naked or with painted face or body or commits any similar act which is derogatory to human dignity;
  4. wrongfully occupies or cultivates any land owned by, or allotted to, or notified by any competent authority to be allotted to him transferred;
  5. wrongfully dispossesses from his land or premises or interferes with the enjoyment of his rights over any land, premises or water;
  6. compels or entices to do "begar" or other similar forms of forced or bonded labour other than any compulsory service for public purposes imposed by Government;
  7. forces or intimidates not to vote or to vote a particular candidate or to vote in a manner other than that provided by law;
  8. institutes false, malicious or vexatious suit or criminal or other legal proceedings;
  9. gives any false or frivolous information to any public servant and thereby causes such as public servant to use his lawful power to the injury or annoyance;
  10. intentionally insults or intimidates with intent to humiliate any place with in public view;
  11. assaults or uses force to any woman with intent to dishonour or outrage her modesty;
  12. being in a position to dominate the will of a woman and uses that position to exploit her sexually to which she would not have otherwise agreed;
  13. corrupts or fouls the water of any spring, reservoir or any other source ordinarily used so as to render it less fit for the purpose for which it is ordinarily used ;
  14. denies any customary right of passage to place of public resort or obstructs such member so as to prevent him from using or having access to a place of public resort to which other members of public or any section thereof have a right to use or access to;
  15. forces or causes to leave his house, village or other place of residence.

What is the maximum punishment provided for commission of such offences under the act?

Ans: The offenders of such offences shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.

What relief is provided to a SC/ST person affected by atrocities?

Ans: Relief is provided as under

  1. Murder of earning member- Rs. 2 lakhs
  2. Murder of non - earning member - Rs. 1 lakhs
  3. 100% incapacitation - Rs.1 lakh
  4. Sexual exploitation of a woman - Rs.50,000/-

For further details please contact Sub-Divisional Magistrate, District Magistrate, Director of Scheduled Castes and Scheduled Tribes Development of State Government and Ministry of Social Justice & Empowerment

National Overseas Scholarships for SCs and STs Candidates

Who can apply for the award?

Ans: Students belonging to Scheduled Castes, Denotified, Nomadic and Semi-Nomadic Tribes, Scheduled Caste converts to other religion, Landless Agricultural Labourers and Traditional Artisans who are below 35 years of age, having monthly income (self or that of parents/guardians) not exceeding Rs. 12,000/- and are desirous of pursuing any of the following courses at Masters/Doctoral/Post Doctoral level in a foreign university/institution:-

  1. Automation Robotics including Artificial Intelligence, Mechatronics and Manufacturing Technology.
  2. Laser Technology.
  3. Paper Technology.
  4. Naval Architecture/Offshore structures.
  5. Information Technology including Computer Engineering, Software, Software Quality Assurance, Networking/Connectivity Engineering, Communication System under Hazardous or Post-disaster conditions, Multi-media Communication.
  6. Low Temperature Thermal Dynamics.
  7. Optometry.
  8. Art Restoration Technology.
  9. Ceramic amp; Glass Technology.
  10. Dock and Harbour Engineering.
  11. Industrial Safety.
  12. Bio-technology/Genetic Engineering.
  13. Petroleum Technology.
  14. Aircraft/Space Engineering.
  15. Imaging System Technology.
  16. Graphic Engineering.
  17. Composite Materials Engineering including Decentralised Power Distribution (for solar heat) system, Energy Storage Engineering, Energy Conservation, Energy Efficient Habitat Engineering.
  18. Satellite/Remote Sensing.
  19. Packaging Engg./Technology.
  20. Nuclear Engineering.

Students belonging to Scheduled Tribe may contact M/o Tribal Affairs for details on the similar Scheme implemented by them.

Other conditions for eligibility are
  1. Minimum Qualification
    1. For Post Doctoral: - 1st class or 60% marks or equivalent grade in relevant Masters Degree, Ph.D and 5 Years'/Teaching/Professional experience in the concerned field.
    2. For Ph.D.:- 1st class or 60% marks or equivalent grade in relevant Masters' degree, and 2 years' Teaching/Research/Professional experience/M.Phil degree in the concerned field.
    3. For Masters' Degree: - 1st Class or 60% marks or equivalent grade in relevant Bachelors' degree and 2 years work experience in the concerned field.
  2. One Child in a family and one time award
    Not more than one child of the same parents/guardians will be eligible and to this effect a self-certification will be required from the candidate. The awardee cannot be considered for the award for second or subsequent times as the individual can be awarded for once.

How many awards are available?

Ans: Twenty one awards per year are available under the existing Scheme, with following distribution:

  1. Scheduled Castes - 17
  2. Denotified, Nomadic and Semi-Nomadic Tribes - 1
  3. Scheduled Caste converts to other religion - 2
  4. Landless Agricultural Labourers and Traditional Artisans - 1

Total - 21

When and where to apply?

Ans: Desirous candidates should apply to the Ministry of Social Justice and Empowerment in response to the detailed advertisement when issued by the Ministry. This advertisement is usually published in leading newspapers in Hindi/English and other regional languages and the Employment News.

How to apply?

Ans: Candidates should apply in the application form prescribed and made available by this Ministry subsequent to release of advertisement in respect of selection of candidates for awards under the scheme. This application form is provided on request, in person or by post. The application form as filled in by the applicant should be complete in all respects and also accompanied with proofs of caste/ category, income, age, educational qualifications attained, experience acquired etc.

How much financial assistance is available?

Ans: Existing financial assistance

  1. Value of maintenance allowance
    The annual maintenance allowance of US Dollars 7,700/- has been prescribed for all levels of courses covered under the Scheme. The annual maintenance allowance for candidates in United Kingdom will be Pound Sterling 5,000/- for all levels of courses covered under the Scheme.
  2. Earnings from research/teaching assistanceship
    The awardees are permitted to supplement their prescribed allowances by undertaking Research/Teaching Assistantship upto US Dollars 2400/- per annum and for awardees in United Kingdom, Pound Sterling 1560/- per annum and beyond these prescribed ceilings, their maintenance allowance under the scheme will be correspondingly reduced by the Indian Missions abroad.
  3. Contingency allowance
    Contingency allowance for books/essential apparatus/study tour/typing and binding of thesis etc. will be US Dollars 500/- per annum and for candidates in United Kingdom, it will be Pound Sterling 325/- per annum.
  4. Poll Tax
    Actual will be paid, wherever applicable.
  5. Visa fees
    Actual visa fees in Indian Rupees will be paid.
  6. Equipment allowance and incidential journey expenses
    Equipment Allowance of Rs.1,100/- and incidental journey expenses upto US Dollars 15/- or its equivalent in Indian Rupees are permissible.
  7. Fees and medical insurance premium

    Actual as charged

  8. Air Passage
    Air passage from India to the nearest place to the educational institution and back to India, by economy class and shortest route in arrangements with the national carrier, will be provided.
  9. Local Travel
    Second or Coach class railway fare from the port of disembarkation to the place of study and back In case of far flung places not connected by rail, bus fare(s) from the place of residence to the nearest railway station, actual charge of crossing by ferry, air fare to the nearest rail-cum-air Station and/or II class railway fare by the shortest route to the port of embarkation and back will be permissible.
  10. For attending interviews by the candidates at the place decided by the Government of India, the second-class fare/ordinary class bus fare from the city of their place of residence to the city in which the interviews for selection have been decided by the Government of India will be permissible.The mode of disbursement of above listed financial assistance will be decided by Government of India and Indian Missions abroad.

The mode of disbursement of above listed financial assistance will be decided by Government of India and Indian Missions abroad.

Duration of award with financial assistance

The prescribed financial assistance is provided upto completion of the course/research or the following period, whichever is earlier:-

  1. For Post Doctoral Research - 1 1/2 years (One and a half year)
  2. Ph.D. - 4 years (four years)
  3. Master Degree - 3 years (three years)

The extension of stay beyond prescribed period for levels of courses as mentioned above, may be considered without financial assistance of any kind except the air passage to return to India, if and only if recommendation of the competent concerned authority in the educational institution/ university as well as the Indian Mission abroad is received certifying that such an overstay for a specified period, is absolutely essential for facilitating the candidate to complete the course. The final decision in this regard will, however, rest with the Government of India alone.

Who gives the assistance?

Ans: Ministry of Social Justice and Empowerment provides financial assistance for the admissible expenditure incurred in India and the expenditure incurred abroad on the awardees is met by the concerned Indian Missions. Consequent upon final selection of a candidate for award under the scheme, the candidate is issued a provisional award letter by this Ministry, which also includes a certificate giving therein the details of financial entitlements under the scheme.

Within how much period a candidate can avail the award?

Ans: A selected candidate is required to avail the award within three years of receipt of intimation from this Ministry regarding selection for the award. On expiry of this specified period of time, the award automatically gets cancelled.

How to seek admission abroad?

Ans: Selected candidates are required to themselves arrange for their admission in foreign accredited educational institutions/ universities. In this regard the details may, however, be obtainable at embassies, consulates, missions of foreign countries in India.

What to do after getting admission?

Ans: After a candidate has obtained confirmed admission in a foreign educational institution, the candidate is required to intimate the same to this Ministry which in turn may get it verified through the Indian Missions abroad. After receipt of the confirmation of the admission, this Ministry will issue the 'confirmed award letter' to the concerned candidate, wherein the details of the course, educational institution etc. will be also mentioned.

How to get visa?

Ans: Consequent upon confirmed admission of a candidate for a specific course in an educational institution abroad, the concerned candidate may contact the embassy, consulate, mission of the foreign country in India. The candidates should, however, apply for only such type of visa which requires them to return to India after pursuing their course abroad. The Government of India does not render any assistance to a candidate for obtaining visa.

What are the formalities to be completed before proceeding for studies abroad?

Ans: The selected candidates are required to furnish all such legal documents and other agreements before their departure abroad, as decided by Government of India from time to time. The candidates on reaching abroad are also required to immediately contact the concerned Indian Mission abroad and execute such necessary legal documents and other agreements, as decided by the Mission. In case of employed candidates, they are also required to executive such bonds, agreements etc. as may be required by the employer.

Whom to contact for further clarifications?

Ans: The concerned candidates while in India may in this regard contact the Ministry of Social Justice and Empowerment. The candidates who have already reached abroad with award under the scheme may approach the concerned Indian Mission abroad in this regard.

Centrally Sponsored Scheme of Post Matric Scholarship to students belonging to Scheduled Castes and Scheduled Tribes

Who can apply for the award?

Ans: All Scheduled Caste students pursuing recognised post matriculation courses in India in recognised institutions can get the scholarship provided their parents/guardian income is not more than Rs. 1 lakh per year.

Where to apply?

Ans: Eligible students are required to apply to the respective sanctioning and disbursement authority in their respective States/UTs i.e. where a candidate is permanently settled. Different States/UTs have designated different authorities viz., Heads of the educational institutions/District Social Welfare Officers/Directorate of Social Welfare/District Education Officers etc. for this purpose.

When to apply?

Ans: A students has to apply for scholarship immediately after he/she has obtained admission in the educational institution.

How to apply?

Ans: A student should apply for scholarship in the proforma prescribed by the concerned State Govt./UT Administration for this purpose. The prescribed application forms, which vary from State to State, are available with the concerned Sanctioning and Disbursement Authorities/Educational Institutions. The complete application form as duly forwarded by the head of concerned educational institution should be sent to the concerned sanctioning and disbursement authority within the stipulated time. Students studying out of their State/UT, should send their application to the Director of Social Welfare (or State/UT level sanctioning and disbursement authority) of their State to which they belong i.e. permanently settled.

How much assistance is available?

Ans: The value of scholarship has been given in the website.

Whom to contact in case of any difficulty?

Ans: In case of any difficulty, a student should contact concerned Sanctioning and Disbursement Authority and/or any of the following:

  1. District Social Welfare Officer.
  2. Director of Social Welfare of the concerned State.

For further details, please contact:

Director (SCD) Ministry of Social Justice and Empowerment,
Shastri Bhavan, New Delhi (India)
Phone: 91-11-23387430

Centrally Sponsored Scheme of Pre Matric Scholarship to the children of those engaged in unclean occupations

Who can apply for the award?

Answer: The children of scavengers of dry latrines, tanners, flayers and sweepers who have traditional link with scavenging and pursuing recognised pre matriculation courses in India in recognised institutions, can apply for scholarship. There is no restriction as to the number of children of the same parents who would be eligible for award of scholarship upto class VIII subject, however, to the condition that if a third or subsequent child is born after 1.4.1993 a total of any two children in the family would be eligible for such scholarship awards. In respect of classes IX & X, only two children of the same parents would be eligible for the award of scholarship. There is no income ceiling under the Scheme.

Where to apply?

Answer: Eligible students are required to apply to the head of the educational institution where one is enrolled.

All eligible students are coverable under the Scheme.

When to apply?

Answer: A students has to apply for scholarship immediately after he/she has obtained admission in the educational institution.

How to apply?

Answer: A student should apply for scholarship in the proforma prescribed by the concerned State Govt./UT Administration for this purpose. The prescribed application forms, which vary from State to State, are available with the concerned Sanctioning and Disbursement Authorities/Educational Institutions.

How much assistance is available?

Ans: The value of scholarship under the Scheme is as under :

Value of Scholarship and Adhoc grant

  1. Hostellers
    The students as hostellers will be covered from class III to X. The rates of scholarships are as under:-
    Class III to VIII - Rs.200/- per month for 10 months
    Class IX to X - Rs.250/- per month for 10 months
  2. Day scholars
    The students as day scholars will be covered from Class I to Class X. The rates of scholarships are as under:-
    Class I to V - Rs. 25/-per month for 10 months
    Class VI to VIII - Rs. 40/-per month for 10 months
    Class IX to X - Rs. 50/- per month for 10 months
  3. Ad-hoc grant
    An adhoc grant of Rs. 500/- per student per annum to all students i.e. hostellers as well as day scholars.
  4. Additional provisions for students amongst target groups with disabilities
    1. Reader Allowance of Rs.100 per month for blind students in classes IX and X.
    2. Transport allowance of Rs.50 per month for the disabled students not residing in the hostel located within the premises of educational institution. The disability as per the Persons with Disabilities (Equal Opportunities), Protection of Rights and Full Participation Act, 1955 is defined as blindness, low-vision, leprosy-cured, hearing impairment, locomotor disability, mental retardation and mental illness. Transport allowance of Rs.50 per month for the disabled students not residing in the hostel located within the premises of educational institution. The disability as per the Persons with Disabilities (Equal Opportunities), Protection of Rights and Full Participation Act, 1955 is defined as blindness, low-vision, leprosy-cured, hearing impairment, locomotor disability, mental retardation and mental illness.
    3. Special pay of Rs.100 per month be admissible to any employee of the hostel willing to extend help to a severely orthopaedically handicapped student residing in a hostel managed by the educational institution or by the State Government/Union Territory Administration who may need the assistance of a helper.
    4. Escort allowance of Rs.50 per month for severely handicapped day scholars students with lower extremity disability.
    5. Allowance of Rs.100 per month towards extra coaching to mentally retarded and mentally ill students in classes IX and X.
    The provisions proposed in (b) to (d) above also apply to leprosy cured students.

Note 1: The students amongst target groups with disabilities covered under this scheme can, however, also get such additional benefits from other schemes, which are not covered in the above provision.

Note 2 : The disability as defined under the said Act has to be certified by competent medical authority of the State Government/Union Territory Administration.

Whom to contact in case of any difficulty?

Answer: In case of any difficulty, a student/parents should contact the head of the educational institution/District Social Welfare Officer/Director of Social Welfare of the concerned State.

For further details, please contact:

Director (SCD) Ministry of Social Justice and Empowerment,
Shastri Bhavan, New Delhi (India)
Phone: 91-11-23387430

Central Sector Scheme of Special Educational Development Programme for Scheduled Caste girls belonging to very low literacy levels

What is the special educational development programme?

Ans: The programme consists of an all inclusive grant of Rs. 11,340/- per annum/per student for providing direct facilities to students as well as for insfrastructural and other costs. The direct facilities include provision of incentive to parents, meals, uniforms, bedding etc. The infrastructural facilities include payment to teaching and non-teaching staff, rent and other running expenses of the residential complex.

Each schools is required to have 25 girls in class I. The grant under the scheme is for class I only.

Who can be the prospective beneficiary of the scheme?

Ans: The intake shall be from amongst such girls belonging to Scheduled Castes who are first generation learners from families identified for the purpose of the Integrated Rural Development Programme, as being below the poverty line. Priority in intake is given particularly to disadvantaged amongst Scheduled Castes, such as children of scavengers, flayers and tanners. Atleast ninety percent of the intake should be from amongst girls belonging to Scheduled Castes and the rest may be amongst Scheduled Tribes.

Who implements the scheme?

Ans: The concerned Zila Parishads/Panchayats, which receive 100% due grant directly from this Ministry, implement the Scheme. The Zila Parishads/Panchayats can either themselves run the schools or they can utilize the services of credible NGOs of proven integrity, competence and experience.

How can Zila Parishads/Panchayats obtain grants?

Ans: The concerned Zila Parishad/Panchayat is required to apply for grant to this Ministry through the concerned State Government. A proforma has, however been prescribed for inviting such requests.

Scheduled Castes Lists

What is the criteria for listing of a Community as Scheduled Caste or Scheduled Tribe?

Ans: Criteria for inclusion of any community in the list of Scheduled Castes/Scheduled Tribes is as under:

Scheduled Castes: Extreme social, education and economic backwardness arising out of the traditional practice of untouchability.

How to get a Caste certificate?

Ans: A person belonging to Scheduled Castes has to apply to the designated authority, i.e., Sub-Divisional Officer of the area where the applicant resides permanently. The Designated Authority will issue the certificate after verification of the claim of the applicant.

Is there any prescribed format for application?

Ans: It can be obtained from State Government/UT Administration.

What is the status of Scheduled Caste/Scheduled Tribe with regard to religion?

Ans: As per orders issued, only persons professing either Hindu or Sikh or Buddhist religion are deemed to be members of Scheduled Caste.

The Scheduled Tribe may profess any religion.

Whether a person of Scheduled Caste origin who has embraced Christian religion or Islam will he be treated as Scheduled Caste?

Ans: No

Can a non-Scheduled Caste or non-Scheduled Tribe person who marries a Scheduled Caste or Scheduled Tribe person will get the benefits meant for the Scheduled Caste or Scheduled Tribe?

Ans: No. The guiding principle is that no person who was not a Scheduled Castes and Scheduled Tribes by birth will be deemed to be a member of a Scheduled Caste or Scheduled Tribe merely because he or she had married a person belonging to a Scheduled Caste or Scheduled Tribe.

Can a Scheduled Caste or Scheduled Tribe person who marries a non-Scheduled Castes and Scheduled Tribes person will continue to get benefit of Scheduled Castes and Scheduled Tribes.

Ans:Yes

What shall be the status of the off spring of a couple one of whom is a Scheduled Caste/Scheduled Tribe?

Ans: To decide the status of an off-spring of a couple where one of the spouses is a member of Scheduled Caste/Scheduled Tribe, the crucial test followed is to determine whether the child has been accepted by the Scheduled Caste /Scheduled Tribe community as a member of their community and has been brought up in that surrounding and in that community or not. If the child has been accepted by the Scheduled Caste or Scheduled Tribe Community and has been brought up in the surrounding of Scheduled Caste or Scheduled Tribe spouse then, the child would be treated as Scheduled Caste or Scheduled Tribe ,as the case may be. However, each case is to be examined on its merit. However, in general, the following illustrations are made:

Example I - Father - Scheduled Caste/Scheduled Tribe Mother- non-Scheduled Caste /non-Scheduled Tribe Child- shall be Scheduled Caste/Scheduled Tribe.

Example II - Mother - Scheduled Caste/Scheduled Tribe Father - non-Scheduled Caste/ non-Scheduled Tribe Child - shall be non-Scheduled Caste/non-Scheduled Tribe.

Note: each case will be decided on case to case basis as per its merit.

Is a member of Scheduled Caste or Scheduled Tribe listed in the list of one State eligible for benefits as Scheduled Caste or Scheduled Tribe in another State/U.T.

Ans: The list of Scheduled Castes and Scheduled Tribes is State/UT specific. As such a member of Scheduled Caste or Scheduled Tribe is eligible for benefits in his state of origin only. A member of Scheduled Caste or Scheduled Tribe Community, who migrates to other State/UT is not entitled to get Scheduled Caste/Scheduled Tribe benefits, from the state of migration.

Example:- A Scheduled Caste person who migrates from State of Punjab to Rajasthan will not get the benefits extended to the Scheduled Castes of Rajasthan but he will continue to get benefits of the State of his origin, i.e., Punjab. But he will be eligible for benefits available under Central Government and its agencies in the State of Rajasthan also.

Please give details whether the courts have powers to list a Community as Scheduled Castes and Scheduled Tribes?

Ans: In the Pankaj Kumar Saha Vs. the Sub-Divisional Officer, Islampur in SLP© No. 4680 of 1996 the Supreme Court has observed as under:

"It is now settled law that though evidence may be admissible to the limited extent of finding out whether a caste which claims the status as Scheduled Caste or Tribe was in fact included in the Presidential notification as amended under 1976 Act, the court is devoid of power to include in or exclude from or substitute or declare synonyms to be a Scheduled Caste or Scheduled Tribe. The courts would only look into the notification issued by the President to see whether the name finds place in the notification?

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