Constitution of India, 1950: Articles 341 and 342-Schedules Castes and Scheduled Tribes-Reservation-Whether one who is recognised as Scheduled Tribe in the State of origin and birth continues to have the benefits or privileges or rights in the State of Migration? Interpretation of the expressions 'in relation to that State' and 'for the purposes of this Constitution'.

Professional Colleges-Admission to-Maharashtra State Medical College-Admission to Applicant belonging to Gouda Community Scheduled Tribe in Andhra Pradesh-Gouda Community not Scheduled Tribe in Maharashtra-Applicant not entitled to claim seat on the basis of reservation. 

The Petitioner was born in Tenali in the State of Andhra Pradesh and belonged to the Gouda Community which is claimed to have been recognised as 'Scheduled Tribe" under the Constitution. His father had been issued an Scheduled Tribe Certificate and it is on the basis of the quota reserved for Scheduled Tribes that he was appointed in the Fertilizer Corporation of India and later with the Rashtriya Chemical & Fertilizer, Ltd., and posted in Bombay since 19.6.1978. The Petitioner was also living with his father in Bombay since the age of nine years and took his education there upto 12th standard securing 165 F marks in the aggregate, in Physics, Chemistry and Mathematics.

For the academic year 1989-90 he applied for admission to the M.B.B.S. Course in three colleges run by the Bombay Municipal Corporation and one by the State of Maharashtra seeking the benefit of reservation in favour of the Scheduled Tribes. The Petitioner was not admitted to any of the colleges though some scheduled tribe candidates who had secured lesser marks than him were admitted. The reason for denial of admission to him was that he was not entitled to scheduled tribe Status of his origin and birth as Gouda was not recognised as Scheduled Tribe in Maharashtra State