Odisha High Court rules SC/ST designations cannot be transferred between states
The Odisha High Court held that a caste classified as Scheduled Caste in one state does not automatically receive the same status, or become a Scheduled Tribe, in another state.
In a ruling by the Odisha High Court, Justice Sashikanta Mishra quashed a notice from the Mayurbhanj district registrar that required Binoy Krishna Das to seek prior approval before selling his 0.14-acre plot. Das, a Jharkhand resident, argued that his Bhuiya caste, recognized as Scheduled Caste in Jharkhand, should not be treated as Scheduled Tribe in Odisha. The court affirmed that SC and ST lists in Presidential notifications are state-specific, reflecting each state's socio-economic realities, and do not transfer with a person who moves between states.
Since Bhuiya is not listed as SC in Odisha, Das cannot claim that status there, and the caste's inclusion in Odisha’s ST list does not automatically apply to him. The judge ordered the sub-registrar to register the sale deed, rejecting the regulator’s applicability. This decision underscores the territorial nature of affirmative-action classifications in India.
Why it matters
The ruling clarifies that affirmative-action categories are state-specific, affecting land rights and legal protections for migrants.
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