Bengaluru: A migrant can claim SC/ST benefits only if his/her caste is notified as SC/ST in his/her state of birth, the Karnataka high court observed recently while dismissing a petition by Prabhu Chavhan, MLA from Aurad constituency in Bidar district
Chavhan, elected in 2008, 2013, 2018, and 2023, claims he belongs to the ‘Lambani’ community, which is categorized as SC in Karnataka. Arguing that he was born in the state and qualifies to be a member of the Scheduled ‘Lambani’ Caste, he contended that a caste certificate issued by a tahsildar was sufficient proof. He had challenged a notice issued by the Commissioner and Appellate Authority of the Social Welfare Department on Nov 22, 2023, directing him to appear before the District Caste Verification Committee.
However, Narsing, his opponent in the 2023 assembly elections, argued that Chavan was born in Maharashtra, where the Lambani community is not categorised as SC. He argued that Chavhan was therefore not entitled to the benefits granted to SCs in Karnataka.
Citing various Supreme Court rulings, including the Ranjana Kumari case, Justice Suraj Govindaraj upheld the principle that a migrant cannot claim SC/ST benefits if the state to which has shifted has termed his caste as an SC.
“The determining factor is the place of birth. The question of where the petitioner was born is a matter of fact that both parties must establish before the Appellate Authority. It is not appropriate for this court to examine such evidence in a writ petition,” the judge noted.
“What would have to be considered is where the petitioner was born and then the law has to be applied accordingly. The aspect of birth and the location of birth are all questions of fact, which would have to be established by both parties before the Appellate Authority, and it would not be proper for this court to appreciate the evidence in this regard in a writ petition,” the judge said.
The court reiterated that SC/ST benefits can be enjoyed only if the individual’s caste is recognized as such in their state of birth.