Allow Cookies!
By using our website, you agree to the use of cookies
The Supreme Court held that the Pan India Reservation Rule that is in force in the National Capital Territory of Delhi is in accordance with the Constitutional scheme that pertains to the services under the Union and Union Territories. And as regards to the states, the bench had observed in the case of Bit Singh vs. Delhi Jal Board observed in order to extend the benefits of reservation to a particular class of Scheduled Castes/ Scheduled Tribes, the State shall make its views in the matter and consult it with the central authority so that an appropriate parliamentary action is taken by an amendment of the lists of SC/ST in the concerned state. Justice Ranjan Gogoi's decision was backed by other judges. Justice Bhanumati observed while agreeing to the decision of the bench that a person belonging to the reserved category of SC/ST in one state is not deemed as SC/ST person in any other state to which he migrates for any purpose thereof, maybe education or employment. The only exception is given to the National Capital Territory of Delhi.
The bench noted decisions of the court in the cases of Marri Chandra Shekhar Rao vs Dean, Seth GS Medical College and others on the issue of caste certificate to SC ST. The court had held that a person belonging to such category in one state cannot claim protection in any other state based on the concessions afforded to such category. In S Pushpa and others vs. Sivachammugavelu, it was observed that the principle laid down in the former case was not applicable as UT of Pondicherry is not a State. The bench held that unilateral action by states on the touchstone of Article 16 (4) of the Constitution could be a possible trigger point of Constitutional anarchy and therefore must be held impermissible under the Constitution. But the bench observed that subordinate services of National Capital Territory of Delhi are Central Civil Services. The bench observed that reading the provisions of the CLASS Rules 1967 and the CCS Rules 1965, more adequately explains the nature of Subordinate Services in the NCT of Delhi. These are clearly General Civil Services because of which the Union of India in its affidavit mentioned that Members of Delhi Administrative Subordinate Services are the Feeder Cadre for Central Civil Services Group B (DANICS).
Justice Bhanumati elaborately expression her difference with the bench Judgment authored by Justice Ranjan Gogoi that upheld Pan India Reservation Police in NCT in another case of Dr. Jagdish Saran and Others vs Union of India.
The bench further mentioned that service under the Union Territories though are Central Government services, they are service sunder the Union Territories and not the Union of India. They cannot be claimed as Central Civil Services.
86540
103860
630
114
59824