eligibility of children of migrant labour 6 (j) in case of a child of migrant labour or government employee of all india service /central service/interstate transfers, liable to be transferred allotted or other employee and belonging to the scheduled castes or the scheduled tribes, as the case may ete for admission be, in the native state, but was not a notified scheduled castes or scheduled tribes in the migrated, transferred or allotted state, shall be eligible to apply for admission and shall be considered for admission as scheduled caste or scheduled tribe, as the case may be, as if the caste or tribe be deemed to be the scheduled caste or scheduled tribe, in the appropriate notification issued under article 341(/) or 342(/) of scheduled caste or scheduled tribe applicable in the respective state or area of birth or origin 10 (2) scheduled caste/scheduled tribe candidate seeking admission/admitted or his parent/guardian, however, shal! obtain social status certificate from the competent officer empowered to issue such certificate, within the jurisdiction of the original native birth place of the parents of the child/ candidate/student (3) pending obtaining social status certificate from the competent officer/authority, if the last date for admission in expiring, an affidavit duly attested by a competent gazetted 15 officer of the state or central govt or union territory affirming that the student/candidate or ward belongs to the scheduled castes/scheduled tribes as notified by the president of india under article 341(/) or 342(1) or as amended by law as prescribed in the schedule to this act shall apply provisionally subject to production of the social status certificate within one month from the date of admission by the candidate 20 (4) the admitting authority/competent officer of the educational institution shall send the affidavit and the social status certificate or social status certificate of the admitted student for verification and report by the director, social/tribal welfare department of the original native states of origin/birth of the parent/guardian the director of social/ tribal welfare department shall, verify or cause verification as per the procedure pre- 25 scribed in clause 10 of this act 7 (1) the head of the institution, principal, head master/head mistress, or any one duty of the head of the educational institution, in charge of the educational institution, at the relevant time, shall strictly implement the reservation in the educational institution, of the candidates belonging to the scheduled castes or the scheduled tribes and shall ensure full compliance with this act 30 (2) the provision of this act are in addition to any other rules of reservation for admission in vogue but not inconsistent with the provisions of this act or rules issued under this act and the same, shall be followed to the extent of not over lapping with the act and rules 8 in the case of the candidate belonging to the scheduled castes or scheduled 35 relaxation and concessions tribes; (i) if the state has prescribed the age limits under the appropriate rules made under any act of rules/instructions and have force of law for admission in a course of study or faculty, the state may prescribe such relaxed age limit to the members belonging to the scheduled castes and the scheduled tribes, of not less than five years the rules, instructions or orders, by whatever name be called, in force or operation, more favourable to the scheduled castes and the scheduled tribes, shall remain valid and operate unless they are suitably amended by the rules made under this act to the extent of inconsistent or overlapping rules shall be of no effect 45(ii) the fee prescribed for application form seeking admission in an educational institution, may be exempted or reduced to such extent as may be prescribed under the rules made under this act till then, the existing rules, instructions or orders, by whatever ttame be called, shall remain valid and operate per force (iii) notwithstanding anything contained any other law, judgement/order/decree of a court/ competent tribunal or authority to the contrary, the requirement as to certain percentage of marks, with reference to the qualifying examination or entrance examination, or both, if combined, for admission, in the appropriate course of study etc, the government of india/concerned state government or union territory, may so relax, as to ensure filling of all the reserved seats by the scheduled castes and scheduled tribes till then, the rules, instructions or orders, by whatever name called, and in operation, shall remain valid and operate until they are suitably amended under this act/rules 10 explanation: relaxation of marks in favour of scheduled castes and scheduled tribes students/ candidates shall be only for admission into the course of study or faculty and there shall be no relaxation of marks for qualifying examination for degree etc it shall be construed accordingly (iv) the rules in vogue for payment of travelling allowance for attending interviews for admission, if any , shall remain in operation till new rules are made under the act 15 laying 9, every rule, notification, direction, instruction or orders issued under this act, provision shall, as soon as may be, after being issued, be laid before each house of the parliament and shall receive approval before becoming effective equally the concerned state government shall be entitled to issue such rules or orders/ instructions not inconsistent with the provisions of this act or rules, instructions or directions issued from time to time by the government of india or those issued by the concerned state govt with prior approval 20 of the government of india, shall be placed on the floor of each house of the legislature and shall obtain prior approval before becoming effective in that state eligibility to 10 (/) a person claiming reservation for scheduled castes or the scheduled tribes, may apply for admission in an educational institution on that premise, shall produce file an affidavit or the social status certificate in the prescribed form issued by the concerned government 25 or by a competent officer if, issue of such certificate is pending before the competent certificate claiming officer and the last date prescribed to submit the application to the educational institution social status and procedure for admission is expiring, the candidate/parent/guardian would be entitled to submit for enquiryan affidavit in the prescribed form as set out in the schedule to the act, duly attested by any gazetted officer of the state that he/she by birth belongs to a caste or sub-caste/tribe 30 or part or group of a tribe specified in the appropriate notification issued under article 341(1) or 342(1) as the case may be, and that he/ she continues to be the scheduled caste/ the scheduled tribe explanation: the word "hindu" shall be construed as including sikhs, buddhists 35 or jains or professing hindu religious faith in any form whatever called as specified in explanation ii to article 25 of the constitution (2) the head of the educational institution or one in-charge of admission shall admit such reserved category candidate and shall direct the student/parent/guardian to produce the social status certificate in the prescribed form from the competent officer within one month after admission (3) after admitting a student of sc/st category, the head master, head mistress, principal or the head of the educational institution, shall immediately thereafter transmit the affidavit and the original social status certificate, produced together with the admission form to the director of social welfare/ tribal welfare department of the concerned state government for enquiry and report to the educational institution of 45 the correctness or genuineness of the social status claimed by the concerned admitted candidate 50 (4) on receipt of the original social status certificate/ affidavit and the admission form, the director of social welfare/tribal welfare department, himself or by an officer authorised by him or as per the existing procedure, shall verify or cause, verification of the correctness/genuineness of the social status the procedure in vogue in this behalf prescribed by the concerned state government or union territory, shall remain in operation the report as required under sub clause (3) shall be sent to the head master, principal/ head of the educational institution etc within two months from the date of the receipt of the letter from the head master etc (5) in case the report is adverse to the student, the head master, head mistress, principal, director or head of the institution by whatever name called, shall forthwith issue show-cause notice to the student enclosing a copy of the report received from the director of social welfare/tribal welfare department, calling for an explanation within a specified time of not less than 10 days on receipt of the explanation, if any, within the specified time 10 or extended time, of not more than 5 days, if the student seeks an opportunity of personal hearing by himself, after giving the same to him shall take appropriate decision thereon within a period of one month, as per rules complying with the principles of natural justice and pass appropriate orders as the case warrants with brief reasons in support of his conclusion a copy thereof shall be communicated, to the student in person or by registered 15 post with acknowledgement due a copy thereof, sent to the director, social welfare/tribal welfare department of the concemed state govt section 6 (6) if the aggrieved student/guardian may file an appeal against the said order to the secretary to social welfare/tribal welfare department of the concerned state government or administrator of union territory, secretary to the government of india, social justice and empowerment, as the case may be, within whose control the educational 20 institution functions the secretary shall, after giving an opportunity of being heard in person to the aggrieved student/in case of minor by the parent/legal guardian, shall decide the appeal with brief reasons in support thereof, within two months from the date of filing of the appeal the decision of the appellate authority shall be final and binding on the student/parent/legal guardian and shall not be questioned in any court of law the order 25 shall be communicated to the student/guardian and director, social/tribal welfare deptt of the concerned state govt by registered post with acknowledgement due in case the decision is in favour of the student, the same may be questioned by the director, social welfare/ tribal welfare deptt under art 266 of the constitution of india 30  chapter-iii supplemental procedure|                      |              |              |             |                |                |                |             |                        |             | protection    | of           ||----------------------|--------------|--------------|-------------|----------------|----------------|----------------|-------------|------------------------|-------------|---------------|--------------|| 11                  | no           | suit,        | prosecution | or             | other          | legal          | proceedings | shall                  | lie         | againstany   | educational  || the                  | action       |              |             |                |                |                |             |                        |             |               |              || taken                | in           | good         |             |                |                |                |             |                        |             |               |              || faith                |              |              |             |                |                |                |             |                        |             |               |              || 35                   |              |              |             |                |                |                |             |                        |             |               |              || institution          | or           | head         | master,     | head           | mistress,      | principal      | or          | head                   | of          | the           | institution, || anything             | done         | in           | good        | faith          | in             | implementation | of          | the                    | provisions  | of            | this         || made                 | or           | instructions | issued      | thereunder     | or             | in             | operation  |                        |             |               |              || liaison              | officer      |              |             |                |                |                |             |                        |             |               |              || 40                   |              |              |             |                |                |                |             |                        |             |               |              || 12                  | (/)          | every        | director    | of             | school         | education      | (secondary  | education/intermediate | board/      |               |              || higher               | education,   | etc)        | by          | whatever       | name           | called         | or          | an                     | officer     | of            | the          || who                  | has          | ultimate     | supervisory | jurisdiction   | over           | the            | concerned   | educational            | institution | shall         |              || nominate             | such         | number       | of          | officer        | or             | officers       | not         | below                  | the         | rank          | of           || officer              | to           | ensure       | proper      | implementation | of             | this           | act         | who                    | shall,      | in            | particular,  || for                  | due,         | proper       | and         | full           | implementation | of             | this        | act                    | and         | rules         | made         || order,               | instructions | or           | directions  | issued         | by             | the            | government  | of                     | india,      | the           | concerned    || government           | or           | union        | territory;  |                |                |                |             |                        |             |               |              || (2)                  | to           | do           | such        | other          | incidental     | work           | as          | may                    | be          | necessary     | for          || 45                   |              |              |             |                |                |                |             |                        |             |               |              || of                   |              |              |             |                |                |                |             |                        |             |               |              || the                  |              |              |             |                |                |                |             |                        |             |               |              || act,                 |              |              |             |                |                |                |             |                        |             |               |              || rules/directions     |              |              |             |                |                |                |             |                        |             |               |              || or                   |              |              |             |                |                |                |             |                        |             |               |              || instructions         |              |              |             |                |                |                |             |                        |             |               |              || issued               |              |              |             |                |                |                |             |                        |             |               |              || under                |              |              |             |                |                |                |             |                        |             |               |              || this                 |              |              |             |                |                |                |             |                        |             |               |              || act                  |              |              |             |                |                |                |             |                        |             |               |              || or                   |              |              |             |                |                |                |             |                        |             |               |              || those                |              |              |             |                |                |                |             |                        |             |               |              || issued               |              |              |             |                |                |                |             |                        |             |               |              || by                   |              |              |             |                |                |                |             |                        |             |               |              || the                  |              |              |             |                |                |                |             |                        |             |               |              || appropriate          |              |              |             |                |                |                |             |                        |             |               |              || state                |              |              |             |                |                |                |             |                        |             |               |              || government/union     |              |              |             |                |                |                |             |                        |             |               |              || territory            |              |              |             |                |                |                |             |                        |             |               |              || and                  |              |              |             |                |                |                |             |                        |             |               |              || in                   |              |              |             |                |                |                |             |                        |             |               |              || force                |              |              |             |                |                |                |             |                        |             |               |              || not                  |              |              |             |                |                |                |             |                        |             |               |              || inconsistent         |              |              |             |                |                |                |             |                        |             |               |              || with                 |              |              |             |                |                |                |             |                        |             |               |              || the                  |              |              |             |                |                |                |             |                        |             |               |              || act                  |              |              |             |                |                |                |             |                        |             |               |              || and                  | the          | rules;       |             |                |                |                |             |                        |             |               |              || (3)                  |              |              |             |                |                |                |             |                        |             |               |              || the                  |              |              |             |                |                |                |             |                        |             |               |              || principal/head       |              |              |             |                |                |                |             |                        |             |               |              || master/director/head |              |              |             |                |                |                |             |                        |             |               |              || of                   |              |              |             |                |                |                |             |                        |             |               |              || the                  |              |              |             |                |                |                |             |                        |             |               |              || educational          |              |              |             |                |                |                |             |                        |             |               |              || institution          |              |              |             |                |                |                |             |                        |             |               |              || shall                |              |              |             |                |                |                |             |                        |             |               |              || submit               |              |              |             |                |                |                |             |                        |             |               |              || 50                   |              |              |             |                |                |                |             |                        |             |               |              || a                    |              |              |             |                |                |                |             |                        |             |               |              || report               |              |              |             |                |                |                |             |                        |             |               |              || in                   |              |              |             |                |                |                |             |                        |             |               |              || quadruplicate        |              |              |             |                |                |                |             |                        |             |               |              || and                  |              |              |             |                |                |                |             |                        |             |               |              || return               |              |              |             |                |                |                |             |                        |             |               |              || to                   |              |              |             |                |                |                |             |                        |             |               |              || the                  |              |              |             |                |                |                |             |                        |             |               |              || state                |              |              |             |                |                |                |             |                        |             |               |              || government,          |              |              |             |                |                |                |             |                        |             |               |              || education            |              |              |             |                |                |                |             |                        |             |               |              || deptt,              |              |              |             |                |                |                |             |                        |             |               |              || the                  |              |              |             |                |                |                |             |                        |             |               |              || secretary,           |              |              |             |                |                |                |             |                        |             |               |              || government           |              |              |             |                |                |                |             |                        |             |               |              || of                   |              |              |             |                |                |                |             |                        |             |               |              || india,               |              |              |             |                |                |                |             |                        |             |               |              || social               |              |              |             |                |                |                |             |                        |             |               |              || justice              |              |              |             |                |                |                |             |                        |             |               |              || and                  |              |              |             |                |                |                |             |                        |             |               |              || economic             |              |              |             |                |                |                |             |                        |             |               |              || empowerment;         |              |              |             |                |                |                |             |                        |             |               |              || the                  |              |              |             |                |                |                |             |                        |             |               |              || secretary,           |              |              |             |                |                |                |             |                        |             |               |              || social               |              |              |             |                |                |                |             |                        |             |               |              || welfare              |              |              |             |                |                |                |             |                        |             |               |              || department/tribal    |              |              |             |                |                |                |             |                        |             |               |              || deptt               |              |              |             |                |                |                |             |                        |             |               |              || of                   |              |              |             |                |                |                |             |                        |             |               |              || the                  |              |              |             |                |                |                |             |                        |             |               |              || state                |              |              |             |                |                |                |             |                        |             |               |              || govt                |              |              |             |                |                |                |             |                        |             |               |              || or                   |              |              |             |                |                |                |             |                        |             |               |              || union                |              |              |             |                |                |                |             |                        |             |               |              || territory;           |              |              |             |                |                |                |             |                        |             |               |              |(4) the government of india/state government/union territory shall cause the annual inspection of the records of the educational institutions in such a manner as may be prescribed or as is in vogue 13 (j) every educational institution shall maintain such records as may be prescribed and shall furnish in every education year to the government of india/concerned state government, union territory in such manner and within such time as may be prescribed, | submission    | of      ||---------------|---------|| annual        | report  || and           | mainte- || nance         | of      || records       | and     || inspection    |         |an annual report on the admissions of the students/candidates belonging to scheduled castes/ scheduled tribes respectively made in the educational institution or under its control thereof (2) it shall be the duty of the head/incharge of the educational institution to make 10 available such record of documents in particular of false claim of social status; action taken thereon and the result thereof, shortfall of reserves seats for inspection by the liaison officer or the district education officer and furnish such information or arrange such assistance as may be necessary for him to carry out his functions under this act 15 (3) the concerned state government/union territory shall submit periodically, to the government of india, social justice & economic empowerment deptt and to the legislature of the state, every year the consolidated report of the students admitted in higher education; false social status claims detected/and/the result of the action taken, the number of unfilled left over seats and those filled with general category candidates, with reasons therefor the same shall be caused to be laid on the table of both the houses of parliament/legislature of the state assembly/legislation council, if any, by the respective secretaries of social justice 20 and economic empowerment, govt of india, deptt of social welfare/tribal welfare of the concerned state govt/union territory penalty for contravention 14, whoever responsible for implementation of any provision of the act or rules/ instructions/directions issued under the act/or in vogue, found contravened the same or of provisions of rules, instructions or directions issued by the concerned state government/union territory 25 the act or existing one in operation by whatever name called, or fails to implement the same, shall be punishable with imprisonment which may extend upto six months and with fine of not less than rupees three thousand or both the fine shall be payable from the personal pay of the delinquent officer 30 provided that nothing in this section shall render any person liable to punishment, if he proves that he had made every bona fide endeavour or exercised utmost care, attention and diligence to implement the provision of the act, rules, instructions or orders issued under the act or existing rules/instructions penalty for false claims or 35 15 (1) whosoever knowingly makes a false claim that he belongs to scheduled caste/ scheduled tribe, and whoever charged with the responsibility of issuing a social status issue of false certificate knowingly issues a false social status certificate, knowingly attests an affidavit, social status certificateand if proved that the person is not a scheduled castes or a scheduled tribes, shall be punishable with imprisonment of not less than one year and not more than three years and with fine which may extend to rs 10,000/— 40 explanation: the educational institution if it did not accept social status certificate as correct/genuine, prima facie, shall be presumed that the contents of the certificate are false to his knowledge (2) whenever any question arises whether the social status certificate is false to the knowledge of the accused or certificate issuing/attesting officer/authority, the burden of proof that the contents of the affidavit/social status certificate are not false to his knowledge, 45 shall lie on the accused/certificate issuing authority/officer (3) the conviction under sub-section (2) of this section shall disqualify the person for any future admission in any other educational institution or appointment in any establishment under the government of india or state government, union territory, local body with status as scheduled castes/scheduled tribes the accused shall not be eligible 50 to contest an elective office like a member of, the parliament, the legislature, local bodies/authority, like nagarpalika, zilla parishads, gram panchayat, etc (4) the notification issued by the president of india under article 341()) or 342(j) or as amended by scheduled castes and scheduled tribes list amendment act, 1976 of the social status of the caste or sub-caste/tribe shall be conclusive proof ot the caste/sub-caste/ tribe/part of the tribe (5) no court, shall have jurisdiction, de horses the presidential notification/act, 1976 to declare that the plaintiff is a member of a caste or sub-caste or tribe/part of a tribe, as the case may be and to grant declaration of such social status (6) representation of the people act and local bodies acts etc shall be deemed to have been amended incorporating the disqualification in clause (5) as a disqualification therein unless it is suitably amended or till then 10 cognizance of 16 (1) no prosecution for an offence under this act shall be maintained against an the offence courts officer except by, or with sanction of, the government of india, the concerned state government or the union and territory government/administrator the govt shall consult the national commission for scheduled castes and scheduled tribes before grant of sanction u/s 197 crpc and the advice tendered by it shall be binding on the government 15 (2) no court shall take cognizance of an offence punishable under section 15(/) save on a complaint by the aggrieved person or on a report by a competent police officer or except as provided under sub-section (j) (3) no court, inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try an offence punishable under this act 20 (4) the offence under the act shall be congnizable and non-bailable 17 (1) every educational institution shall be bound by the act, rules or instructions power of govt of india to give directions by whatever name called issued under this act or existing rules, efc, no contrary to or inconsistent with the provisions of this act or as the government of india may, by general or special order, in writing from time to time notifies/issues to give effect to the provision of 25 this act (2) the government of india shall lay on the table of both houses of parliament such rules, instructions or directions and obtain approval thereof 30 effect and extent of the operation of existing rules 18 all rules, directions and orders, statutory or non-statutory, issued by the government of india or the concerned state government or the union territory or local body regulating the implementation of the reservation of seats for admission in the educational institutions under its control/dispensation (including relaxation, concession, etc) issued to safeguard the interests of the scheduled castes and the scheduled tribes, before the commencement of this act and not inconsistent with the provision of this act, 35 shall continue to be in force, unless withdrawn superseded or suitably amended, act to have over-riding effect 19 notwithstanding anything inconsistent therewith contained in any other law, order, judgement or decree of any court, tribunal or authority for the time being in force the provisions of this act shall have effect, in addition to and not in derogation of or in any instrument having effect by virtue of any law 40 removal of diff, culties 20 (/) if any difficulty arises in giving effect to the provisions of this act, the government of india may, by order to be published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as may appear to be necessary for removing any difficulty in the implementation of the provisions of the act or rules (2) every rule, instruction/direction/order made under sub-section shall soon after it 45is made, be laid before each house of parliament annual statement to be 21 the government of india shall, once in every year, lay before each house of parliament, a report giving full account of the implementation of the act during the preceding year laid on floor of parliament 22 (/) the government of india may, by a notification, make rules for carrying out power to make rulesthe provisions of this act and published in gazette of india (2) in particular, and without prejudice to the generality of the foregoing, such rules as may provide for all or any of the following matters, namely,— (a) the percentage of seats reserved for admission in an educational institution for the scheduled castes and the scheduled tribes under sub-section (/) of section 4 consistent with the percentage of population in the latest census in operation (b) guidelines for identifying educational institutions which are not already covered under section 2(c) for inclusion therein (c) relaxation of upper age limit or percentage of qualifying marks for admission 10 into educational institutions/courses of study or faculty in wherever reservation for admission is made (d) exemption from payment of application fee or relaxation thereof (e) authority to give relaxation in this behalf or to authorise under the act (f) authority to determine the travelling allowance payable, if any, attending 15 the interview, to the candidates belonging to scheduled castes and scheduled tribes before to the educational institutions (g) rank of the officer to be nominated as a liaison officer or inspection officer 20 (h) forms prescribed for maintaining the particulars relating to the implementation of the act by the educational institutions till then the educational institutions shall state the number of the scheduled castes and scheduled tribes students admitted, the claims of social status found to be false, the result thereof reasons for admission, if any, made of a general candidate in a reserved seat (i) the authority to sanction prosecution against the officer or officers that contravened the provisions of the act 25 (/) any other matter which is required to be or may be prescribed 30 (k) the procedure for inquiry by the educational institutions or appellate authority against false claim of social status until then the educational institution or the appellate authority shall follow the principle of natural justice, namely, issue show-cause notice, supply the report of the director, social welfare/scheduled castes/scheduled tribes deptt, as the case may be, copies of any other material sought to be used against the student and an opportunity of hearing in person to the aggrieved student/parent/ guardian and brief reasoned order in support of the conclusion whether or not the charge of the false claim has been established and its result; immediate communication 35 of the order to the concerned student in person to obtain signature in his own hand acknowledging the receipt of the order, in case of avoiding, by registered post with acknowledgement due to the known address mentioned in the application for admission/ residential hostel and a copy to the director of social/tribunal/welfare of the appropriate govt (j) such other rules, instructions, orders or directions to give full effect to the act (3) every rule etc, made under this act shall be laid, as soon as may be, after it is made, before each house of parliament, while it is in session for a total period of thiry days which may be comprised in one session or in two or more successive sessions, and if, before 45 the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rules, etc, or both houses agree that the rules, etc, should not be made, the rules, etc shall thereafter have effect only in such modified form or be of no effect, as the case may be however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under this act/rules/or existing rules/instructions/directions in operation  schedule affidaviti s/d/o of village/town within the jurisdication of police station in taluk/mandal in the district/division of the state/union territory belong to community/caste/tribe by birth and continue to be a scheduled caste/scheduled tribe which is recognised in item no - as scheduled caste/scheduled tribe under the constitution (scheduled caste/scheduled tribe) order, 1950 or as amended from time to time by the scheduled caste/scheduled tribe list modification order, 1956, the bombay reorganisation act, 1960, the punjab reorganisation, 1966, the state of himachal pradesh act, 1970, the north-eastern areas (reorganisation), 1971 and the scheduled caste/scheduled tribe order amendment act, 1976 of the scheduled caste/scheduled tribe amendment order i s/d/o further state that myself and my parents ordinarily/normally reside in the said village/town and within the jurisdiction of police station in taluk/mandal in the district/division - of the state/union territory i further solemnly verify and state that the facts stated above are true and correct to the best of my knowledge and belief and no part of the statement is incorrect and false signature  attested by gazetted officernote: in case the candidate is son/daughter of a migrant labour/transferee, it should further be stated in the affidavit of the date of migration/transfer and the duration of stay in the migrated/ transferred state in which the caste/tribe was not recognised as scheduled caste/scheduled tribe the following are eligible to attest the affidavit: (1) district magistrate/additional district magistrate/collector, deputy commissioner/ additional deputy commissioner/deputy collector/ist class stipendary magistrate/ sub divisional magistrate/taluka magistrate/executive magistrate/extra assistant commissioner (2) chief presidency magistrate/additional chief presidency magistrate/presidency magistrate (3) revenue officer not below the rank of tehsildar and (4) sub-divisional officer/mandal, revenue/development officer of the area where the candidate and/or his family normally resides  the statement of objects and reasonsthe preamble of the constitution assures equality of opportunity and of status, socio-economic justice to all the citizens of india, and due to practice of untouchability on the scheduled castes and scheduled tribes living in the inaccessible scheduled areas have been denied education and opportunity to higher education is lacking due to poverty and illiteracy article 46 of the constitution imposes a duty on the state to promote with special care the educational interest, in particular of the scheduled castes and the scheduled tribes and shall protect them from social injustice article 38 mandates the state that it shall strive to promote the welfare of the people by securing and protecting effective social order rendering socio-economic and political justice and shall inform all the instructions of national life and to endeavor to eliminate inequalities in status, facilities and opportunities among individuals as well as groups of people of india article 51a(j) imposes fundamental duty on every citizen to strive towards excellence in all spheres of individual and collective activity so that the nation consistently rises to higher levels of endeavor and achievement article 15(4) of the constitution, notwithstanding articles 15(1) and 14, empowers the state,to make special provision for the social and educational advancement of the scheduled castes and scheduled tribes it has been the policy of the govt of india and the state govt to provide, in implementation of the aforesaid constitutional mandates, reservation in admissions in all educational institutions in all the courses of study, faculties and disciplines to the scheduled castes and the scheduled tribes not only in humanities but in engineering, technical, medical, post-graduation, mphil, phd, super-specialities and technical courses of study as well so that the every scheduled caste and scheduled tribe educated youths have opportunity to improve intellectual, excellence and secure equality of status and dignity in the society in indersawhani case, the supreme court opined that reservation in technical, super-specialities and other advanced and specialised courses of study shall not be made for the scheduled castes and scheduled tribes and in dr preeti srivastava's case, the supreme court held that reservation in super-specialities in medical courses of study is not in the national interest and cannot be made and it directed the medical council of india to consider whether reservation for admission in post-graduation course of study would be provided to the scheduled castes and the scheduled tribes and also in post-graduation centre in chandigarh case, five judges bench of the supreme court held that clubbing of the single posts in postgraduation or in super-specialities is illegal it was also held that relaxation of marks with disparity of 10 marks between general and reserved candidates for admission of scheduled castes and scheduled tribes to the extent of reserved seats as illegal the aforesaid judgements defeat the very object of the reservation policy, purpose and constitutional animation and deny opportunity to the scheduled castes and scheduled tribes of education and deprive them to strive towards intellectual excellence in all spheres of their educational activities and to improve their cultural advancement with a view to effectively implementing the policy of reservation to the scheduled castes and the scheduled tribes in admission to the seats at the prescribed percentage in all courses of study and in all faculties, disciplines, professional courses etc and to relieve the hardship to the scheduled castes and scheduled tribes from the afore-mentioned judgements, the constitution is being proposed to be amended through this bill  financial memorandumclause 4 of the bill provides for exemption of payment of fees for application form for seeking admission in an educational institution for scheduled castes and scheduled tribes candidates however the exact amount of expenditure cannot be calculated, the bill of enacted would involve expenditure of rupees ten lakh per annum from the consolidated fund of india  memorandum regarding delegated legislationclause 17 of the bill provides that the central government may make rules for carrying out the purposes of this act the rules will relate to matters of detail only the delegation of legislative power is therefore of normal character