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Constitution of India – Arts. 16(4), 341(1) and 342(1) –Interplay and interaction amongst – Extent and nature of – Whetherthe Presidential Order issued u/Art.341(1) or Art.342(1) has anybearing on the State’s action in making provision for the reservationof appointments or posts in favour of any Backward Class of citizenswhich, in the opinion of the State, is not adequately represented inthe services under the State – Held: [Per Ranjan Gogoi, J.(for himself, N. V. Ramana, Mohan M. Shantanagoudar andS. Abdul Nazeer, JJ.)] Art.16(4) is an enabling provision enablingthe State to provide to backward classes including SCs and STsreservation in appointments to public services – Art.16(4) providesreservation only to the classes or categories of SCs/STs enumeratedin the Presidential orders for a particular State/Union Territorywithin the geographical area of that State and not beyond –Operation of the lists of SCs and STs beyond the classes orcategories enumerated under the Presidential Order for a particularState/Union Territory by exercise of the enabling power vested byArt.16(4) would have the obvious effect of circumventing the specificconstitutional provisions in Arts.341/342 – Thus, a person belongingto a Scheduled Caste in one State cannot be deemed to be a ScheduledCaste person in relation to any other State to which he migrates forthe purpose of employment or education – So far as the NationalCapital Territory of Delhi is concerned, the pan India ReservationRule in force is in accord with the constitutional scheme relating toservices under the Union and the States/Union Territories –[Per Banumathi, J.(Partly Dissenting)] A given caste or tribe canbe SC or ST in relation to that State or Union Territory for which itis specified – Person notified as Schedule Caste in State ‘A’ cannotclaim the same status in another State – Art.16(4) has to yield to the mandate of Arts.341 and 342 – Though the services under the UnionTerritories are Central Government services, but they are servicesunder the respective Union Territories and not under the directcontrol of Union of India/different ministries – Such services cannotbe said to be Central Civil Services under Union of India so as toextend the benefit of pan India reservation for recruitment to servicesunder the respective Union Territories including Union Territory ofDelhi.Constitution of India – Arts.341(1) and 342(1) – PresidentialOrders issued under – Challenge to – Permissibility of – Held:[Per Ranjan Gogoi, J. (for himself, N.V. Ramana,Mohan M. Shantanagoudar and S. Abdul Nazeer, JJ.)] PresidentialOrders issued u/Art.341 in regard to Scheduled Castes and u/Art.342in regard to Scheduled Tribes cannot be varied or altered by anyauthority including the Court – It is the Parliament alone which hasbeen vested with the power to so act, that too, by laws made –(Per Banumathi, J.) Until the Presidential Notification issuedu/Arts.341(1) and 342(1) is modified by appropriate amendment byParliament in exercise of the power u/Arts. 341(2) or 342(2), thePresidential Notification is final and conclusive – No caste or groupcan be added to it or subtracted by any action either by the StateGovernment or by a Court.Interpretation of Statutes – Harmonious construction – Held:Inter-related statutory as well as constitutional provisions have tobe harmoniously construed and understood so as to avoid makingany provision nugatory and redundant.[Per Ranjan Gogoi, J.(for himself, N. V. Ramana, Mohan M. Shantanagoudar andS. Abdul Nazeer, JJ.)].Words & Phrases – “in relation to that State or UnionTerritory” and “for the purpose of this Constitution” – Meaning of– Held: Said expression used in Arts. 341 and 342 would mean thatthe benefits of reservation provided for by the Constitution wouldstand confined to the geographical territories of a State/UnionTerritory in respect of which the lists of Scheduled Castes/ScheduledTribes have been notified by the Presidential Orders issued fromtime to time – Const itution of India – Arts. 341 and 342.[Per Ranjan Gogoi, J. (for himself, N.V. Ramana,Mohan M. Shantanagoudar and S. Abdul Nazeer, JJ.)]. Central Civil Services (Classification, Control and Appeal)Rules, 1965 [CCS Rules, 1965] – Central Civil Services under –Discussed.National Capital Territory of Delhi, Andaman and NicobarIslands, Lakshadweep, Daman and Diu and Dadra and NagarHaveli (Civil Service) Rules, 2003 – Union Territory Services under– Discussed – National Capital Territory of Delhi, Andaman andNicobar Islands, Lakshadweep, Daman and Diu and Dadra andNagar Haveli (Police Service) Rules, 2003 – Delhi AdministrationSubordinate Services Rules, 1967. |
