BIR SINGH v. DELHI JAL BOARD & ORS.

p. 600 Copy page pinpoint

A recruitment conducted through UPSC naturally applications are invited from the candidates across the country including reserved candidates of Scheduled Castes/Scheduled Tribes.

54. Delhi, Andaman and Nicobar Islands Police Services (DANIPS) are recruited directly through centralised civil services examination conducted by UPSC. DANIPS are posted at Delhi and other Union Territories – Andaman and Nicobar Islands, Lakshadweep Islands, Daman and Diu and Dadar and Nagar Haveli. The cadre strength is controlled by the Ministry of Home Affairs, Government of India. Two-thirds of DANIPS are filled by direct recruitment and remaining are promoted from non-gazetted police officers of Union Territory of C Delhi and other Union Territories. Since, DANIPS officers are recruited through a centralised recruitment conducted through UPSC, applications are invited from candidates from across the country including reserved candidates of Scheduled Castes and Scheduled Tribes of all the States and Union Territories. Thus, up to Group ‘B’ (Gazetted) of Central Civil D Services including the Group ‘B’ (Gazetted) services of Union Territories, there is Centralised Civil Services Examination conducted by UPSC with PAN INDIA reservation.

55. Serial No.32, Group ‘B’ of CCS (CCA) Rules refers to General Central Services. At the risk of repetition, we may usefully refer to Serial No.32 which reads as under:- E Seria l G eneral entral Servi ce, G ro up 'B ' - N o. 32 (i ) Pos t in a ny M inis try o f Departm ent of Secreta ry in the M inistry o r G o vernment o f I ndia , other tha n the pos t D epartment i n respect o f whi ch speci fic pro vis io n h a s been made by a general o r s pecia l order o f the Pres iden t. I n respect of posts i n a n offi ce (i -a) P os ts ou tsi de a M inis try or und er the co n trol of a H ead o f F D epartment of G o vern m ent of I ndia , D epartment d irectl y under the o the r tha n t he p o sts i n respect of w hich G o vernment. s peci fic prov is io n has been ma de by a g ener al or s pecia l order o f the pres ident. -H ea d of t he Depa rtment

I n res pect of o ther post s - Secreta ry in the M inistry o r D epartment

G (i i) P os ts i n U nio n Territo ries other than D elhi A dmi nis trati on, th e Anda ma n and A dmi ni str ator N ico bar Is la nds and the Lacca div e, M ini coy and A mi nd iv e I sla nds

(i ii ) Del hi Adminis trati on -A ll pos ts C hief Secreta ry

(i v) T he Anda ma n a nd Ni coba r Is la nds- C hief C om mi ss io ner A ll Po sts H (v ) The L a ks hadw eep Ad ministra tio n-All A dmi ni str ator P os ts

BIR SINGH v. DELHI JAL BOARD & ORS. 601 [R. BANUMATHI, J.]

As seen from the above, Serial No.32(i) and (i-a) relates to the A posts under the Government of India for which the appointing authority is the Secretary in the Ministry or Department/Head of the Department respectively. Serial No.32 (ii) of Central Civil Services (CCA) Rules, 1965 relates to “Posts in Union Territories other than Delhi Administration, the Andaman and Nicobar Islands and the B Laccadive, Minicoy and Amindive Islands”. The appointing authority is shown to be the ‘Administrator’. Serial No.32 (iii) to (v) relate to ‘All posts’ in Delhi administration, Andaman and Nicobar Islands and the Lakshadweep administration respectively. Serial No.32(ii) posts in the Union Territories (other than Delhi Administration, the Andaman & Nicobar Islands and the Laacadive, Minicoy and Amindive Islands) Group C ‘B’ (Gazetted) posts for which recruitment is conducted by UPSC. Since there is centralised recruitment conducted by UPSC for Group ‘B’ (Gazetted), naturally applications are invited from the candidates across the country including reserved candidates of Scheduled Castes/Schedules Tribes from all the States/Union Territories. Up to the level of Group ‘B’ D (Gazetted) of Central Civil Services, since there is centralised recruitment for which there is PAN INDIA reservation of Scheduled Castes and Scheduled Tribes, Scheduled Castes/Scheduled Tribes from any State/ Union Territory are entitled to apply for the reserved posts for Group ‘B’ examinations conducted by UPSC.

56. When it comes to services under Union Territories, there are so many other services like teaching, clerical cadre, police services, Medical Officers, Health Services, Stenographers, Typists, services under the Revenue department, services under public-sector undertakings, services under the municipalities and the corporations in the Union Territories and various other services which are concerned with the administration of Union Territories. These services under the Union Territories would fall under Group ‘B’, Group ‘C’ and Group ‘D’ and their recruitment is within the exclusive domain of the respective Union Territories. Though the government servants under the Union Territories are governed by Central Civil Services Rules, the services under the Union Territories are essentially different from All India Services. For G recruitment to services under respective Union Territories, there are different modes of recruitment for the different Union Territories.

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A 57. This Court posed the question whether there is other category of employees in UT administration and what is the practice followed for recruitment. In response to the question, Union of India, on instructions, filed the following response:- SCOPE OF SC/ST RESE RVAT ION IN UTs

B 1. Pu ducherry : Reserved po sts co nfined to l ocal reserved candidates .

2. Ch andigarh : Reserved p osts fil led up by candidates from all India.

3. Da man & Diu : Reserved po sts co nfined to l ocal C reserved candidates for Grou p C posts. For Grou p B it is opened to candidates from all India bu t lo cal candidates get addition al 2 0 marks.

4. Da dra & : Reserved po sts confin ed t o local D Na gar Ha veli reserved candidates fo r Group C posts. Fo r Grou p B it is o pened to candidates from al l India bu t local candidates get addition al 2 0 marks.

5. Laks hadweep : Reserved posts co nfined to l ocal reserved candidates . E

6. A & N Isla nds : For Gro up C p osts locally reserved.

7. NCT o f Delhi : Reserved p osts fil led up by candidates from all India.

F For the above response that there is PAN India reservation of the reserved candidates for recruitment by Union Territories of Chandigarh, Dadra and Nagar Haveli and NCT of Delhi, no authenticated documents were produced to substantiate the same. When there are Presidential G Orders notifying the Scheduled Castes/Scheduled Tribes for Union Territories of Chandigarh, Dadra and Nagar Haveli, calling for application from the Scheduled Castes/Scheduled Tribes candidates from all over India for the reserved posts of services under various Union Territories, be it Group ‘B’ or Group ‘C’, is not in accordance with the constitutional scheme. H

BIR SINGH v. DELHI JAL BOARD & ORS. 603 [R. BANUMATHI, J.]

58. For Group ‘B’ and Group ‘C’ posts falling within the services A of the Union Territories, recruitment is made by the Staff Selection Board of respective Union Territories. For instance, let me refer to the Staff Selection Board of UT Administration of Daman and Diu whose home page reads as under:- “In exercise of the powers conferred by the provision of Article B 239 of the Constitution of India, the Administrator of Daman & Diu is pleased to make following rules to regulate the method of recruitment to all Group ‘B’ and ‘C’ categories of posts under the Administration of Daman & Diu. It aims to “ensure a uniform and transparent process and procedures for recruitment of all Group ‘B’ and ‘C’ categories of posts under the Administration of Daman and Diu through an autonomous body, without disturbing the existing recruitment processes and procedures and for ensuring that cumulative outcome of the recruitment is to provide just and fair opportunities to all the candidates and for matters connected therewith or incidental thereto7.”

59. In response to the question posed by the court, Union of India filed response affidavit stating that in Union Territories Daman and Diu and Dadra and Nagar Haveli, for Group ‘B’, it is opened to candidates from all over India. Local candidates with domicile certificate get additional twenty per cent marks. Response filed by the Union of India that there is PAN India reservation for Group ‘B’ services of Daman and Diu and Dadra and Nagar Haveli, no authenticated documents/format of any application for Group ‘B’ posts conducted by Daman and Diu was produced before us. Even assuming that there is such PAN India reservation for recruitment of Group ‘B’ conducted by the Union Territory F of Daman and Diu, when there are Scheduled Castes/Scheduled Tribes as notified in the Presidential Order (Reorganisation Act, 1987 in respect of SCs/STs), there cannot be PAN India reservation as it is not in accordance with the constitutional scheme.

60. Pointing out that services in the Union Territories are different G from All India Services and that the mode of recruitment are also different, in para (29) of Subhash Chandra and another v. Delhi Subordinate Service Selection Board and others (2009) 15 SCC 458, it was held as under:- 7 https://daman.nic.in/staff-selection-board-daman-diu.aspx#downloads (27.06.2018) H

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A “29. Concededly, in respect of education or service, there exists a distinction between State Services and State-run institutions including the Union Territory Services and Union Territory-run institutions on the one hand, and the Central Civil Services and the institutions run by the Central Government on the other. Whereas in the case of the former, the reservation whether for admission or appointment in an institution and employment or appointment in the services or posts in a State or Union Territory must confine to the members of the Scheduled Castes and Scheduled Tribes as notified in the Presidential Orders but in respect of All India Services, Central Civil Services or admission to an institution run and founded by the Central Government, the members of the Scheduled Castes and Scheduled Tribes and other reserved category candidates irrespective of their State for which they have been notified are entitled to the benefits thereof. It is not denied or disputed that services in the Union Territory is essentially different from All India Services. It is also beyond any controversy that machinery for recruitment is also different. Indisputably again, not only the conditions of recruitment but also conditions of service differ.” I am in full agreement with the view taken by Justice Sinha in Subhash Chandra case. E

61. Rule 3 of Delhi Administration Subordinate Services (DASS) Rules, 1967 deals with constitution of services and its classification in Delhi Administration. As per Rule 3(3) of DASS Rules, the post in Grade-I, Class-II Group ‘B’ (Gazetted) and those in Grades II, III and IV shall be Central Civil Services Posts. But as noted earlier, F as per Serial No.32 – General Central Service, Group ‘B’, insofar as Delhi Administration – All Posts (Serial No. 32 (iii)), the Appointing Authority is the Chief Secretary. The subordinate services in the National Capital Territory of Delhi though “Central Civil Services”, they are neither All India Services nor services under Union G of India so as to attract Pan India Reservation.

62. Even in the counter affidavit filed by the Union of India, by referring to Group ‘C’ services, it is stated that CCS – Group ‘C’ are in the subordinate services and there are equivalent services in the Union Territory of Delhi. For recruitment of other employees in the Union H Territory of Delhi, there is Delhi Administrative Subordinate Services

BIR SINGH v. DELHI JAL BOARD & ORS. 605 [R. BANUMATHI, J.]

(DASS) and the recruiting agency is Delhi Subordinate Staff Selection A Board (DSSSB). Members of Delhi Administrative Subordinate Services are stated to be the feeder cadre for Central Civil Services – Group ‘B’ (DANICS).31 Merely because members of Delhi Administrative Subordinate Services are the feeder category for DANICS, PAN India reservation cannot be extended to Delhi Subordinate Services or to services under various Union Territories. Likewise, merely because, DANICS and DANIPS (Serial Nos. 28 and 29 of Group ‘B’ Services) are the feeder category for IAS and IPS, it cannot be said that the Pan India Reservation is applicable to services under National Capital Territory of Delhi.

63Copy pinpoint63. So far as Group ‘B’ and Group ‘C’ posts falling under the services of the Union Territories, recruitment is done by the respective Staff Selection Board of respective Union Territories. Serial No.4 (iii) – ‘Posts in Union Territories’ of Group ‘C’ in CCS (CCA) Rules is shown and the appointing authority is stated as Head of the Office of such other authority as may be specified by the Administrator. D Merely because the posts in the Union Territories and the appointing authority are shown in Group ‘C’ in CCS (CCA) Rules, that does not mean that those Group ‘C’ and Group ‘D’ posts are available for the Scheduled Castes and Scheduled Tribes of all the States/Union Territories. For recruitment of Group ‘B’ and Group ‘C’ posts of services under the respective Union Territories, since the examination is conducted by the E respective Union Territories like Delhi Subordinate Staff Selection Board and other Union Territories Staff Selection Boards of respective Union Territories, reservation of posts of Scheduled Castes/Scheduled Tribes must be confined only to those Scheduled Castes/Scheduled Tribes as notified in the Presidential Order of the respective Union Territories. F For recruitment of Group ‘B’ and Group ‘C’ posts under various Union Territories including Union Territory of Delhi, there cannot be PAN INDIA reservation of Scheduled Castes/Scheduled Tribes, lest, it would defeat the very object of the Presidential Orders issued specifying the Scheduled Castes/Scheduled Tribes for respective Union Territories. G

64Copy pinpoint64. As pointed out earlier, services under the Union Territories though they are Central Government services, they are services under the respective Union Territories and not under the direct control of Union of India/different Ministries. Procedure for recruitment to the various posts for the services of Union Territories are different as followed by H

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A respective Union Territories. The persons appointed for the services of Union Territories might be governed by CCS (CCA) Rules; but they are employees of respective Union Territories. The appointing authorities are the authorities under the administration of Union Territories and not under the Ministries of Union of India. Central Civil Services are the services directly under Union of India. Contrarily, various services under B the Union Territories are the services under the respective Union Territories. Such services under Union Territories cannot be said to be Central Civil Services that is services under Union of India to extend the benefit of PAN India reservation for recruitment to the services under respective Union Territories including Union Territory of Delhi.

65Copy pinpoint65. In exercise of the powers conferred by clause (1) of Article 341, the President issued the Constitution (Scheduled Castes) Union Territories Order, 1951 in the Presidential Order specifying Scheduled Castes in relation to Delhi and the thirty-six castes/groups notified are as under:- D Part 1 – Delhi Throu ghout the Union Territory

1. Adi Dharmi 19. Kachh andh a

2. Agria 20 . Kanjar or Giarah

3. Aheria 21. Khatik

E 4. Balal 22. Koli

5. Banj ara 23 . Lal begi

6. Bawaria 24. Madri

7. Bazigar 25 . Mallah

8. Bhangi 26. Mazhabi

9. Bhil 27. Meghwal

F 10. Cham ar, l Chan wan 28 . Naribut Chmanr, Jatya or Jatav Ch amar, Mo chi Ramadasia, Ravidasi, Reghgrh or Raigharh

11. Choh ra (Sweeper) 29. Nat (Ran a), Badi

G 12. Chuh ra (Balmiki) 30 . Pasi

13. Dhan ak or Dhanuk 31. Perna

14. Dho bi 32. Sansi o r B hedkut

15. Dom 33 . Sapera

16. Gharram i 34. Sikl igar

17. Julaha (W eaver) 35. Singiwala or Kalbel ila

18. Karbirpanth i 36 . Sirkib and H

BIR SINGH v. DELHI JAL BOARD & ORS. 607 [R. BANUMATHI, J.]

In relation to Delhi, there are thirty-six castes notified as Scheduled A Castes in the Presidential Order. The members of the Scheduled Castes in Delhi are drawn from castes, races and by virtue of the Presidential Order pertaining to Delhi, they attain the status of the Scheduled Caste. In view of the Presidential Order issued for the Scheduled Castes to Delhi, only those Scheduled Castes can claim the benefit of reservation in the employment under the Union Territory of Delhi who are notified in the Presidential Order. Neither the Delhi Government nor the court can add any caste or group to the list of Scheduled Castes notified in the Presidential Order. Once a Presidential Order has been issued under Article 341(1) of the Constitution, any addition or deletion to the Presidential Order can only be made by the Parliament by law as provided under Article 341(2) and in no other manner. Merely because, Delhi Subordinate Services is a feeder category for DANICS, there cannot be Pan India Reservation of the SCs and STs for the services under Group ‘C’ and ‘D’ categories, for which recruitment are made by the Delhi Subordinate Staff Selection Board (DSSSB). D

66Copy pinpoint66. Likewise, the Presidential Order has notified the following Scheduled Castes for the Union Territory of Chandigarh, Daman and Diu, Puducherry and Dadra and Nagar Haveli:-

E Part II – Chandigarh

1. Adi Dharmi 19. Khatik

2. Bangali 20. Kori or Koli

3. Barar, Burar or Berar 21. Marjia or Marecha

4. Batwal, Barwala 22. Mazhabi

5. Bauria or Bawaria 23. Megh F

6. Bazigar 24. Nat

7. Balmiki, Chura or 25. Od Bhangi

8. Bhanjra 26. Pasi

9. Chamar, Jatia 27. Perna Chamar, Rehgar, G Raigar, Ramdasi or Ravidasi

10. Chanal 28. Pherera

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11. Dagi 29. Sanhai

12. Darain 30. Sanhal

13. Dhanak 31. Sansoi

14. Dhogri, Dhangri or 32. Sansi, Siggi Bhedkut or B Manesh

15. Dumna, Mahasha or 33. Sapela Doom

16. Gagra 34. Sarera

17. Gandhila or Gnadil 35. Sikligar Gondol a

C 18. Kabirpanthi or Julaha 36. Sirkiband

P AR T III – Daman an d Diu

1. Bh angi (Hadi) 4. M ah yavan shi D (Vank ar)

2. Ch ambh ar, Moch i 5. M an g

3. M ahar

The Schedule - Puducherry E

1. Adi Andhra 9. Pallan

2. Adi Dravida 10. Parayan, Sambavar

3. Chakkiliyan 11. Samban

4. Jambuvulu 12. Thoti

5. Kuravan 13. Valluvan

F 6. Madiga 14. Vetan

7. Mala, Mala 15. Vetriyan Masti

8. Paky 16. Puthirai Vannan

G The Schedule – Dadra and Nagar Haveli

1. Bhangi 3. Mahar

2. Chamar 4. Mahayavanshi

BIR SINGH v. DELHI JAL BOARD & ORS. 609 [R. BANUMATHI, J.]

67Copy pinpoint67. Let me take the case of Andaman & Nicobar Islands. The A Constitution (Andaman and Nicobar Islands) Scheduled Tribes Order, 1959 has notified the following tribes or tribal communities who have been included in the Schedule for the Andaman & Nicobar Islands:- The Schedule B

1. The Andamanese 4. Senti nelese (including Chariar or Chari, Kora, Tabo or Bo, Yere, Kede, Bea Balawa, Bojigiyab, Juwai and Kol

2. Jarawas 5. The Nicoberese C

3. Onges 6. The Shompens

When Andaman & Nicobar Islands is recruiting persons to the services of Group ‘B’, ‘C’ and ‘D’ under its administration, it has to necessarily follow the policy of recruiting members from amongst the D Scheduled Tribes who are notified as Scheduled Tribes in the Presidential Notification for Andaman and Nicobar Islands. It will not be appropriate to extend the benefit of reservation to the SCs and STs from other States/ Union Territories, lest it would deprive the notified Scheduled Tribes of the Andaman and Nicobar Islands. E

68Copy pinpoint68. It may be that the candidates recruited by the respective Union Territories for Group ‘B’ and Group ‘C’ may become the feeder categories for further promotion in Group ‘A’ and Group ‘B’ of All India Services respectively in the Central Civil Services. The fact that the candidates who are recruited by the respective Union Territories become the feeder categories for further promotion in the Central Civil Services F is not a ground for extending the benefit of all India reservation to the Scheduled Castes/Scheduled Tribes for the reserved posts in the respective Union Territories. Be it noted that the candidates recruited by the various State Governments under Group ‘A’ of respective State services become the feeder category for IAS and IPS. The persons G recruited for Group ‘B’ and Group ‘C’ by the respective Union Territories stand on the same footing as that of the candidates so recruited by the various States where only the Scheduled Castes/Scheduled Tribes of the respective States can apply.

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69Copy pinpoint69. A letter dated 10.05.2013 by Special Secretary (Services) addressed to all the Secretaries/Heads of Departments of NCT of Delhi has been filed by the Union of India. The letter relates to the subject “Reservation policy to be followed with regard to SCs/STs in civil posts under GNCTD”. The said letter refers to the judgment in Pushpa’s case and states that the Ministry of Law and Justice has opined that the B law declared by the Supreme Court in Pushpa’s case applies to the NCT of Delhi and that Pushpa’s case cannot be ignored. Relevant portion of the said letter reads as under:- “GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI C (SERVICES DEPARTMENT BRANCH-IV) 7TH LEVEL, B-WING, DELHI SECRETARIAT, I.P. ESTATE, NEW DELHI – 110002

No. F. 19(6)/2012/S-IV/883 Dated: 10-05-2013 D …… The Government of National Capital Territory of Delhi follows the guidelines and instructions issued by the Government of India from time to time in matters regarding reservation to Scheduled E Castes and Scheduled Tribes in recruitment to various civil posts in Government of Delhi. Ministry of Home Affairs, Govt. of India, in the context of order dated 11.02.2005 of Hon’ble Supreme Court of India in case titled S. Pushpa & Ors. Vs. Sivachanmugavelu & Ors. stated vide their letter dated 01.06.2005 that the matter has been examined in consultation with the Ministry of Law & Justice (Department of Legal Affairs). That the Ministry had opined that the law declared by the Supreme Court of India cited above, applies to the National Capital Territory of Delhi. This was accordingly conveyed to the departments vide this department’s letter No.F.16(73)/97-S-III/710 dated 30.06.2005, stating that all the Scheduled Castes/Scheduled Tribe candidates irrespective of their nativity, are eligible for reservation to the civil posts under Govt. of NCT of Delhi, which are reserved for SC/ST candidates and appropriate action for recruitment may be taken accordingly. H

BIR SINGH v. DELHI JAL BOARD & ORS. 611 [R. BANUMATHI, J.]

Subsequently, in view of order dated 04.08.2009 of Hon’ble A Supreme Court in the matter of Sarv Rural & Urban Welfare Society vs. Union of India & Ors. and of the Hon’ble High Court dated 12.09.2012 in WP(C) No.5390/2010 under consideration in the Ministry of Home Affairs, Govt. of India. Now, Ministry of Home Affairs, Govt. of India, vide its letter B No.14012/09/2012-Delhi-I dated 03.04.2013 has informed that the subject matter has been re-examined in consultation with Ministry of Law & Justice. In this matter Learned Attorney General for India has given his opinion dated 18.02.2013 (copy enclosed), which is self-explanatory and has been approved by the Hon’ble Minister of Law & Justice, Govt. of India. The opinion, inter alia, states C that having regard to the order in the State of Uttaranchal’s case, till this issue is resolved by a larger bench, the decision in S. Pushpa case cannot be ignored. Ministry of Home Affairs has conveyed that it has been decided to proceed according to this opinion. D Copy of above mentioned letter of the Ministry of Home Affairs is circulated for information & necessary action accordingly. Yours faithfully,

E (Kailash Chandra) Spl. Secretary (Services) Dated: 10-05-2013 …..”

70Copy pinpoint70. PAN India reservation probably is followed by NCT of Delhi F in its recruitment based on the above letter dated 10.05.2013. Since I have taken the view that the decision in Pushpa’s case is not a correct decision extending PAN India reservation for the reserved posts recruited by NCT of Delhi or any other Union Territories is against the Presidential Orders issued under Articles 341 and 342 of the Constitution of India G and against the constitutional scheme.

71Copy pinpoint71. As discussed earlier in para (8), in case of Union Territories, though administrative control to certain extent is exercised by the Union of India, Union Territories do not lose their identity as an entity. The existing practice of PAN INDIA reservation followed in Delhi and H

p. 612 Copy page pinpoint

A Chandigarh is against the constitutional scheme and also against the executive instructions dated 06.08.1984 and 22.02.1985 issued by the Ministry of Home Affairs.

72Copy pinpoint72. As pointed our earlier, the Ministry of Home Affairs in its circular dated 06.08.1984 addressed to all the State Governments and B Union Territories administration stated that SCs and STs on migration from the State of his origin to other State will not loose his status as SCs/ STs; but will be entitled to the concession/benefits to the SCs/STs from the State of his origin and not from the State where he has migrated. The same thing was reiterated in the letter dated 22.02.1985 of the Ministry of Home Affairs, Government of India. If PAN India reservation is to C be extended to the Union Territories like Delhi, Chandigarh, Puducherry, Andaman & Nicobar Islands or Daman & Diu for Group ‘C’ and ‘D’ services for which recruitment are made by the respective Union Territories, the very object of the Constitutional Scheme of upliftment of the SCs/STs of these Union Territories will be defeated. All India D reservation to the services under the Union Territories including the Union Territory of Delhi will be against the mandate of Articles 341 and 342 of the Constitution and against the Constitutional Scheme.

73Copy pinpoint73. Marri Chandra Shekhar Rao and Action Committee are applicable to the States and they are applicable with equal force to the E Union Territories including Union Territory of Delhi. There cannot be any distinction between the States and the Union Territories. Likewise, there can be no distinction between Union Territory of Delhi and other Union Territories. When Presidential Orders of Scheduled Castes/ Scheduled Tribes are notified for various Union Territories including Union Territory of Delhi extending PAN India reservation to the employment F falling under the services of Union Territories including Union Territory of Delhi, will be against the Constitutional scheme and the law laid down in Marri Chandra Shekhar Rao and Action Committee.

74Copy pinpoint74. Article 16(4) of the Constitution has to yield to the constitutional mandate of Articles 341 and 342 of the Constitution. G The Presidential Order issued under Article 341 in regard to Scheduled Castes and Article 342 in regard to Scheduled Tribes cannot be varied by anyone or by the Court. Only the Parliament by law include or exclude from the list of Scheduled Castes or Scheduled Tribes specified in the notification issued under Article 341 (1) and Article 342(1) respectively H

BIR SINGH v. DELHI JAL BOARD & ORS. 613 [R. BANUMATHI, J.]

any caste, race or tribe or parts or group within any caste, race or tribe. A The Scheduled Castes or Scheduled Tribes thus specified in relation to one State or Union Territory does not carry the status in another State or Union Territory. When the Scheduled Castes or Scheduled Tribes are specified for each State in relation to one State or Union Territory, neither the State legislature, the administration of the Union Territories and nor the courts can include or exclude other Scheduled Castes or Scheduled Tribes so notified in the Presidential Order. Providing all India reservation to the services of Union Territories including Union Territory of Delhi, would be against the mandate of Articles 341 and 342 and the Presidential Orders issued thereon. If that is permitted, it would amount to addition or alteration of the Presidential Order which is impermissible and violative of the Constitutional Scheme.

75Copy pinpoint75. It is the responsibility of each State/Union Territory to provide for such reservation/affirmative action by positive discretion to bring backward classes/Scheduled Castes and Scheduled Tribes in the respective States/areas to provide socio-economic empowerment. If the reservation to the Scheduled Castes and Scheduled Tribes are to be extended to all categories of Scheduled Castes and Scheduled Tribes all over India or to the migrants then there is every possibility of the Scheduled Castes and Scheduled Tribes of other developed States and Union Territories squandering reservations to the Scheduled Castes and Scheduled Tribes who are disadvantaged in the respective States/Union E Territories including Union Territory of Delhi. If this is permitted, it would defeat the very object of providing reservation to the disadvantaged Scheduled Castes and Scheduled Tribes in a particular State or Union territory. The enabling provision of Article 16(4) of the Constitution has to yield to the constitutional scheme of Article 341 and Article 342 of the F Constitution.

76Copy pinpoint76. Conclusion:- · Insofar as the States, I agree with the majority view that a person who is recognised as a member of Scheduled Castes/ Scheduled Tribes in his original State, will be entitled to all the G benefits of reservation under the Constitution in that State only and not in other States/Union Territories and not entitled to the benefits of reservation in the migrated State/Union Territory.

p. 614 Copy page pinpoint

A · Marri Chandra Shekhar Rao and Action Committee are applicable to the States and they are applicable with equal force to the Union Territories including Union Territory of Delhi. There cannot be any distinction between the States and the Union Territories. Likewise, there can be no distinction between Union Territory of Delhi and other Union Territories. When Presidential B Orders of Scheduled Castes/Scheduled Tribes are notified for various Union Territories including Union Territory of Delhi extending PAN India reservation to the employment falling under the services of Union Territories including Union Territory of Delhi, will be against the Constitutional scheme and the law laid down in C Marri Chandra Shekhar Rao and Action Committee. · Since there is centralised recruitment upto Group ‘B’ (Gazetted) services conducted by UPSC for the Central Civil Services posts in the States/Union Territories of India, there has to be necessarily PAN India reservation for Scheduled Castes/ D Scheduled Tribes for those recruitment conducted by UPSC. Sofaras Group ‘B’ and Group ‘C’ posts falling under services of Union Territories including Union Territory of Delhi for which recruitment is conducted by the respective Union Territories, benefit of reservation in employment (Article 16(4)) is to be extended only to those Scheduled Castes/Scheduled Tribes E specified in the Presidential Order of the respective Union Territories. Insofar as the posts recruited by the Staff Selection Board of the respective Union Territories including the Union Territory of Delhi, there cannot be PAN India reservation for Group ‘B’, Group ‘C’ and Group ‘D’ posts falling under the F services of various Union Territories and such PAN India reservation would be against the constitutional scheme and Marri Chandra Shekhar Rao and Action Committee.

Divya Pandey Referred question.answered. G