Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 230 240 333 and 341(1) & (2): 239B 239A 309 239 227 1950 Articles 16(4) 332 331 Service law: Constitution of India 231 330 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service law: Constitution of India, 1950; Articles 16(4), 227, 230, 231, 239, 239A, 239B, 240, 309, 330, 331, 332, 333 and 341(1) & (2): Appointment of Selection Grade Teachers in Pondicherry-Selection of migrant Scheduled Caste (SC) persons against the quota reserved for SC in Union territory of Pondicherry-Challenge to-Declared illegal and invalid by CAT-On appeal, Held: Reservation benefit in employment in UT extended to migrant SC/ST candidates after consultation and confirmation from the Central Government-Reservation policy of the Central Government consistently followed by the Union Territory-No infraction of constitutional provision found in the policy-Hence, Selection made in pursuance of the reservation policy does not suffer from any legal infirmity-The view taken by the Tribunal to the contrary cannot be sustained, hence set aside Government of Union Territories Act, 1963-General Clauses Act, 1897; Section 3(8)- Pondicherry (Administration) Act, 1962-Section 3. Equality of opportunity in employment-Presidential order for reservation of SC/ST-Effect of-Discussed. Respondents approached the Central Administrative Tribunal challenging the selection of migrant Scheduled Caste (SC) candidates for the post of teachers as against quota reserved for SC persons in the Union Territory of Pondicherry. CAT held the selection as illegal and invalid and directed the authorities concerned to review the selection process with regard to the reservation quota. Hence the present appeals. It was contended by the appellants that the Government of India has, from time to time, issued Circulars and Government Orders clearly mentioning that migrant SC persons are eligible for appointment against posts reserved for SC persons in the Union Territory and in the absence of any statutory enactment or rules made in exercise of powers conferred under the proviso to Article 309 of the Constitution, these Circulars or Government Orders are binding upon the Government of Pondicherry; that in the matter of providing reservation in favour of any backward class of citizens within the meaning of Article 16(4) of the Constitution, it is open to the Govt. of Union Territory to apply any policy, including the one whereunder migrant SC persons are also given the benefit of reservation and it is not open to the respondents to challenge the said reservation policy; and that since right from inception the Government of Pondicherry has been following a uniform reservation policy allowing reservation to migrant SC persons, the same cannot be held to be illegal or contrary to any constitutional provisions. Respondents submitted that in view of clear language in Article 341(1) of the Constitution, only such castes which have been mentioned in the schedule appended to the Presidential Order of 1964, directing reservation of SC persons shall be deemed to be Scheduled Castes for the purpose of appointment against reserved quota and migrant SC persons are not eligible therefor; that the fact that a Union territory is administered by the President can make no difference so far as the appointment against reserved quota is concerned as the posts in question are posts under the Government of Pondicherry, a Union Territory and cannot be deemed to be posts under the Central Government. |
Judge | Hon'ble Mr. Justice G.P. Mathur |
Neutral Citation | 2005 INSC 71 |
Petitioner | S. Pushpa And Ors. |
Respondent | Sivachanmugavelu And Ors. |
SCR | [2005] 1 S.C.R. 1158 |
Judgement Date | 2005-02-11 |
Case Number | 6-7 |
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