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LPA No. 587/2013 Page 19 of 21
"8. In course of time persons belonging to Scheduled
Castes/Scheduled Tribes who had migrated from one State to
another in search of employment or for education purposes and
the like, experienced great difficulty in obtaining Caste/Tribe
Certificates from the State from which they had migrated. To
remove this difficulty experienced by them the earlier
instructions contained in the letter of 22-3-1977, and the
subsequent letter of 29-3-1982, were modified, in that, the
prescribed authority of a State/Union Territory was permitted to
issue the Scheduled Caste/Scheduled Tribe Certificate to a
person who had migrated from another State on production of a
genuine certificate issued to his father by the prescribed
authority of the State of the father's origin except where the
prescribed authority considered a detailed enquiry necessary
through the State of origin before issue of certificate. It was
further stated that the certificate will be issued irrespective of
whether the Caste/Tribe in question is scheduled or not in
relation to the State/Union Territory to which the person has
migrated. Of course, this facility did not alter the Scheduled
Caste/Tribe status of the person in relation to the one or the
other State. The revised form of the certificate was circulated.
Further, it was clarified that a Scheduled Caste/Tribe person
who has migrated from the State of origin to some other State
for the purpose of education, employment, etc., will be deemed
to be Scheduled Caste/Tribe of the State of his origin only and
will be entitled to derive benefits from that State and not from
the State to which he had migrated. By this clarificatory order
forwarded to Chief Secretaries of all States/Union Territories,
the only facility extended was that the prescribed authority of
the State/Union Territory to which a person had migrated was
permitted to issue the certificate to the migrant on production of
the genuine certificate issued to his father by the prescribed
authority of the State of the father's origin provided that the
prescribed authority could always enquire into the matter
through the State of origin if he entertained any doubt. The
certificate to be so issued would be in relation to the
State/Union Territory from which the person concerned had
migrated and not in relation to the State/Union Territory to
which he had migrated. Therefore, the migrant would not be
entitled to derive benefits in the State to which he had migrated
on the strength of such a certificate...."