Jati. Article 341 defines Scheduled Castes and Article 342 defines Scheduled Tribes. Vimukta Jati is a different category which is not covered under Scheduled Castes and Scheduled Tribes Act. Under section 2(c) of Scheduled Castes & Scheduled Tribes (Prevention of Artocities) Act, 1999, scheduled castes and scheduled tribes are defined. For the purpose of definition, the Act borrows the definition from Clauses 24 and 25 of Article 366 of the Constitution, which again refer to Article 341 and 342 for understanding the definition of Scheduled Castes and Scheduled Tribes. Under Articles 341 and 342, a scheduled caste or scheduled tribe is required to be notified by the Parliament or the Legislature. Though other Tribes or Vimukta Jati are listed, but they are separate categories and listed, they are neither Scheduled Castes nor Scheduled Tribes under Articles 341 and 342 of the Constitution. On number of times, while dealing with the caste reservation, the High Courts and Supreme Court had an occasion to deal with the issue of migration of the persons belonging to Scheduled Castes and Scheduled Tribes and the application of reservation due to migration. As per the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976, after 1976, the Central Government has lifted the area restriction. Thereafter, a person originally belonging to a scheduled caste or a scheduled tribe, if shifts to other place where his caste is not scheduled, he is entitled to the benefits which he was getting prior to migration. The learned counsel Mr. Patil relied on the judgment of Division Bench of this Court in the case of
