HARI RAM MEENA Vs. GENERAL MANAGER N. RAILWAY

JUDGEMENT

(1.) Heard Kuldeep Kumar, learned counsel for the petitioner and Shri P.N. Rai, learned counsel for the respondents.

(2.) The petitioner is scheduled tribe candidate belonging to village Sikar, State of Rajasthan having valid scheduled tribe certificate issued way back on 12/3/1991 since the ancestors of the petitioner had been living in the said village for a long time, for livelihood the father of the petitioner settled at District Bulandshahar but remained permanent resident of village Gangvas, Neem Ka Khana, District Siker State of Rajasthan, the caste of the petitioner has been mentioned in Part-13 of the schedule of the Constitution (S.T) Order 1950 and Meena community has been shown in S.T in Item No.9 of Part-13 of the said schedule.

(3.) In support of seeking reservation in pursuance to the caste certificate as issued to the petitioner the reliance has been placed to the judgement passed by Hon.Apex Court in the case of Union of India vs. Doodh Nath Prasad AIR 2000 SC 525 and in the case of Sanjay Kumar Singh vs. State of U.P. (2000) 1 UPLBEC 729 wherein it has been held that if a person belongs to Scheduled Tribe of different State, can still claim reservation under the SC/ST quota if there is no prohibition in that respect.