Plea on scheduled caste reservation: HC fixes Aug 24 for final disposal

CHENNAI: Madras High Court today ordered status quo and fixed August 24 for final disposal of a plea challenging a single judge verdict that scheduled caste candidates who had migrated from other states to Puducherry cannot demand reservation though they have obtained a certificate of residence in the Union territory.

"Residents, as indicated in the Presidential Order dated March 5, 1964, would only mean such residents who were available on that date and not thereafter...Merely because a person resides for various reasons in the Union territory of Puducherry, cannot be given the status and he cannot be allowed to be brought under the umbrella of the Presidential Order," Justice M M Sundresh had said in his August 13 order.

The judge had stated this while dismissing a batch of petitions filed by Dalits who had migrated from Tamil Nadu and were living in Puduchery for five years.

The petitioners sought inclusion in the Scheduled Caste category enabling them to get admission in professional courses in colleges and other courses of higher education.

"Merely because a Scheduled Caste person migrated to Puducherry from another state, resided there for five years and obtained a certificate of residence as well, he cannot be treated as a resident for the purpose of admission in professional courses meant for natives of the Union territory," the judge had said.

The division bench comprising Justices Satish K Agnihotri and K K Sasidharan, before which the appeal filed by the Pondicherry Scheduled Caste Peoples Welfare Association came up today, ordered that status quo be maintained and posted the matter for final disposal to August 24.