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39Copy pinpoint39. The above view coupled with the scope and ambit of the present reference may also not require us to go into the correctness of the view expressed by this Court in paragraph 14 of the decision in S. Pushpa (supra) (as already extracted). The resolution of the question formulated for an answer is capable of being reached by adopting an entirely different perspective which we intend to do hereinafter. B

40Copy pinpoint40. The federal nature of the Constitution finds broad manifestation in two principal areas i.e. division of legislative power and exercise thereof by the Union and the constituent States and secondly, which is more relevant and important to the subject in hand, is the constitutional provisions relating to services under the Union and the States as dealt C with in Part XIV of the Constitution.

41Copy pinpoint41. The subject finds an elaborate study by Dr. D.D. Basu in “Commentary on the Constitution of India”10. According to Dr. D.D. Basu, “In India though the Union and the States have their own public services, (vide Entry 70 of List I and Entry 41 of List II) D there is no clear-cut bifurcation in the administration of the Union and the State laws as in the U.S.A. The State officials administer the State laws as well the Union laws applicable within that Sate whereas the members of the Union Services while working within a State, also carry out State laws, insofar as they may be applicable. E The second peculiarity of the Indian federal system of administration is that though the federal and State Governments have civil services of their own to manage their own households, there are certain services known as the All-India Services, which are common to both the federal and State Governments.

F The organisation of the Civil services in the Indian federal system may be demonstrated as thus: All India Services Central Civil Services State Civil Services Central Secretariat Services” Subordinate Services G

42Copy pinpoint42. At the State Level, as Dr. D.D. Basu points out, “the State Civil Services administer the subject solely belonging to the State Governments, according to the federal distribution of subjects thus including the Judicial, Executive, Medical, Engineering, Police, 10 H 8th Edition, 2011, Volume 9, Page 9858

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Education branches. Their members are under the exclusive A control of the respective State Governments and their duties are confined to the territories of the State by which they have been appointed, unless sent on deputation to the Union Government”.11 These State Civil Services may be Administrative Services, Forest Services etc. [illustratively, in case of Himachal Pradesh, Himachal B Pradesh Administrative Service (HPAS) is a type of service, so is, Himachal Pradesh Forest Service (HPFS). The recruitment to these services is conducted by way of Civil Services Examinations organised by the State-specific Public Service Commission e.g. in case of Himachal Pradesh, it is Himachal Pradesh Public Service Commission. As stated earlier, persons inducted into the State Service of a particular State C cannot be transferred to any other State. These officers are concerned with only the affairs of the state in which they are appointed. These services (like HPAS, HPFS) may, for convenience, be called as Superior Services/Higher Services with reference to a State. But in addition to these higher services, there are also services that may, again for convenience, be called as Subordinate Services/Lower Level Jobs. The posts in these services are like those of Clerks, School Teachers; Drivers, Attendants, Safai Workers, etc. For the purpose of recruitment of Subordinate Servants, states have in place State-specific Selection Commissions.

43Copy pinpoint43. At the Federal Level, civil administration is carried out by the members of – (1) All India Services (specifically provided for in Article 312); (2) Central Civil Services (although, not specifically provided for in the Constitution but are regulated by creation of statutory Rules framed under the proviso to Article 309). These are again Superior Services and the selection/recruitment is by the Union Public F Service Commission. ALL INDIA SERVICES There are three All India Services (AIS) – (a) Indian Administrative Service (IAS); (b) Indian Forest Service (IFoS); (c) Indian Police Service (IPS). As regards AIS, Dr. D.D. Basu12 says that, G “the peculiarity of the AIS from the federal standpoint is that – (a) Though they are recruited and their conditions of service are determined by the Union Government, they have to administer 11 8 th Edition, Volume 9, 2011, Page 9860. 12 8th Edition, 2011, Volume 9, Page 9858. H

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A both Union and the State subjects, accordingly as their services are placed at the disposal of the Union or a State Government, in connection with the affairs of the Union or the State, as the case may be. (b) While serving in a State, they are controlled by the State B Government, except as regards the imposition of the penalty of dismissal, removal or compulsory retirement, which can be awarded only by the Union Government. (c) In a sense, this system is an exception to the usual federal precedent inasmuch as it is intended to fill up the strategic posts C both under the Union and State Governments by men of superior calibre, recruited on a uniform basis, through the UPSC. Thus, while a Deputy Collector may be a member of the State Civil Service, the Additional Collector and the Collector may be members of the Indian Administrative Service. The category of AIS thus breaks through the federal division so far as the administrative services in D India are concerned. In fact, the principal agents of a Sate administration are members of the AIS and it would be a mistake to suppose that the AIS exist for the administration of the Union subjects. Broadly, speaking, the administration of a State is run both by the members of the AIS and State Services, the latter supplying only the intermediate and subordinate tiers. (d) Though the bulk of recruitment to the AIS is by competitive examination, a certain proportion is selected by promotion from amongst members of the State Civil Services. (e) Though a member of AIS may be required to serve anywhere in India, on recruitment, he is usually assigned to a State or States jointly, or, in a technical language, is included in a State cadre or Joint cadre and continues to serve there until or unless he is called upon to serve the Union Government, in any of its Departments. G (f) While employed under a State, again, the members of the AIS do not have to work only in the Secretariat of the State but also in the Districts as already stated and members of these services are expected to acquire experience of the business in the district as well as Secretariat administration and there is a constant H

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interchange of officers between the Secretariat and the Districts, A just as there is such an interchange between the States and the Union Secretariats on the other hand.”

44Copy pinpoint44. Therefore, the members of the All India Services are common to the Union and the States and they serve, by turn, both the Union and State Governments. The members of these services although recruited by the Centre their services are placed under various State cadres. “It is evident from Article 312(1) that the members of the AIS are common to the Union and the States. Curiously, however, there is a cadre for the Indian Administrative Service only in the States, according to the Indian Administrative Service (Cadre) Rules, 1954 and there is no separate cadre for members of this service in the Government of India. Each members of the Indian Administrative Service therefore, belongs to the cadre of one State or the other.”13

45Copy pinpoint45. There are many State Cadres e.g. Bihar Cadre, Rajasthan Cadre and Joint Cadres like AGMUT (for Arunachal Pradesh + Goa + D Mizoram + the 7 Union Territories). These officers remain in the allotted Cadres till they retire. They are not normally to be transferred from one State Cadre to another State Cadre though they have the accountability to serve both under the State and the Centre.

46Copy pinpoint46. At this juncture, the Union of India’s Affidavit may also be E referred to, which states with reference to AIS that, “the conditions of service of these services (AIS) are regulated by the DoPT by way of executive and statutory instructions, statutory rules formulated under Article 309 of the Constitution and Act of Parliament etc. The functional control of some of the services rests with other Ministries F and Departments also. The Ministry of Home Affairs exercises functional control on IPS and the Ministry of Environment & Forest & Climate Change exercises functional control on IFoS. Members of these services are allocated a cadre under a State or Union Territory and they serve the Union as well as the State, whichever is allotted to them. Thus their services are All India G Services. Their recruitment is by the Union Public Service Commission and as they serve the Union as well as the States, their recruitment is on pan India basis. Every citizen of this country having the required qualification is eligible to be considered for the 13 D.D. Basu, 8th Edition, 2011, Volume 9, Page 10585. H

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A appointment. It is pertinent to note that before selection in the AIS, there is no specification or indication of the cadre in Union, Union Territory or State, which they may serve. Upon selection alone, they would be allocated cadre depending upon the merit and the preferences they would have made at the time of applying. Upon selection they could be allocated to serve through any of the 25 B states or 7 Union Territories of Delhi; Puducherry; Chandigarh; Daman & Diu; Dadra & Nagar Haveli; Andaman & Nicobar; Lakshadweep coupled with the states of Arunachal Pradesh, Goa and Mizoram”14.

47Copy pinpoint47. CENTRAL CIVIL SERVICES C The Central Civil Services (CCS), as Dr. D.D. Basu points out, “are engaged in administering the Union subjects, such as the Posts and Telegraphs, Customs and Excise, Income Tax. In short, these constitute all the administrative services in the Central Departments which have not so far been included in the list of All India Services. D They are under the exclusive control of the Union Government. Besides the Central Services, there are other Services intended for work solely in the Central Secretariat, or, in other words, those who are to manage the offices of the Central Departments. Both the Central Civil Services and Central Secretariat Services are sub-divided into Class I, II, III, IV, (= Group A, B, C, D 15) according to the rank and responsibilities of the officers… Members of the Central Services are also sent on transfer or deputation to States where offices relating to the Union subjects or Public Sector Undertakings relating thereto are located.”16 All that we would like to add is that though the members of these services are concerned only with the affairs of the Union/Centre they discharge such duties in the offices and establishments of the Union Government as 14 Para 5 of the Affidavit. 15 Rule 6A of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 provides that, “All reference to Central Civil Services/Central Civil Posts, Class G I, Class II, Class III and Class IV in all Rules, Orders, Schedules, Notifications, Regulations, Instructions in force, immediately before the commencement of these rules shall be construed as references to Central Civil Services/Central Civil Posts, Group ‘A’, Group ‘B’, Group ‘C’ and Group ‘D’ respectively, and any reference to “Class or Classes” therein in this context shall be construed as reference to “Group or Groups”, as the case may be.” 16 th H 8 Edition. Volume 9, Page 9859.

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may be located in the States and the Union Territories. The Central A Civil Services (Classification, Control and Appeal) Rules, 1965 [CCS Rules, 1965] (enacted under the proviso to Article 309) are the governing statutory Rules with reference to these services. Rule 4 of CCS Rules, 1965 classifies the Central Civil Services into four types – (i) Central Civil Services, Group A (45 services as per the B Schedule to the Rules); (ii) Central Civil Services, Group B (33 services as per the Schedule to the Rules); (iii) Central Civil Services, Group C (5 services as per the Schedule to the Rules); C

(iv) Central Civil Services, Group D (1 serviceas per the Schedule to the Rules)17.

48Copy pinpoint48. CCS Group A: The Affidavit of the Union of India says that, “recruitment to D Group A services is made by UPSC. The recruitment is again on all India basis. This is the reason the personnel belonging to these 45 services work in the posts of Union and the Union Territories (UT) across the length and breadth of the country. The Cadre Controlling Authority of Group A services are the respective ministries of the E Government of India. For example, the first service being the Archaeological Service, the Cadre Controlling Authority is the Ministry of Culture, Central Government. Another example, the 12th service being the Indian Foreign Service and this is controlled by Ministry of External Affairs. No. 16 is the Indian Revenue Service and it is controlled by the Ministry of Finance. The members of F these services being recruited pursuant to the Central Service Exams conducted by the UPSC are allocated to the respective services. Whichever Ministry seeks recruitment to the service in this Group, sends requisition to UPSC as per procedure prescribed and UPSC accordingly advertises for the post in Group A. Every citizen of G India is eligible to apply as per the qualifications and requirements in the notification. DOPT is the nodal Ministry for regulating the conditions of service of all Central Civil Services as per Allocation of Business Rules. As per the conditions of service, every employee 17 Para 6 of the Affidavit. H

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A is required to give an undertaking agreeing to the conditions of all India transfer liability at the time of joining service. Central Civil Services employees belonging to Group A serve the Union of India and that is the reason why these services are across the length and breadth of the country, wherever there is an office of the Central Government. Member of the Groups A service are governed by CCS B Rules of 1965 as well as Central Civil Services (Conduct) Rules 1972; Central Civil Services (Pension) Rules 1972 and such other Rules made by the Central Ministries.”

49Copy pinpoint49. CCS Group B: C As mentioned earlier, there are 33 Group B Services. Amongst these, are the Union Territory Services listed at No. 28 and No. 29 and known as the ‘Delhi and Andaman and Nicobar Islands Civil Service’ abbreviated as ‘DANICS’ and ‘Delhi and Andaman and Nicobar Islands Police Service’ (Grade II) abbreviated as ‘DANIPS’. While at this stage we may have also a look at Union Territory services in some detail. UNION TERRITORY SERVICES

50Copy pinpoint50. The Government of India (Ministry of Home Affairs) by way of a notification dated 6th August, 2003, and in the exercise of the proviso to Article 309, enacted ‘the National Capital Territory of Delhi, Andaman and Nicobar Islands, Lakshadweep, Daman and Diu and Dadra and Nagar Havel (Civil Service) Rules, 2003 [DANICS Rules, 2003]. As also, ‘the National Capital Territory of Delhi, Andaman and Nicobar Islands, Lakshadweep, Daman and Diu and Dadra and Nagar Havel (Police Service) Rules, 2003 [DANIPS Rules, 2003]. F

51Copy pinpoint51. The DANICS/DANIPS Rules, 2003 define:- · ‘Administration’ to mean the Government of the National Capital Territory of Delhi in respect National Capital Territory of Delhi and Union Territory Administration in respect of the Union Territories of – Andaman & Nicobar Islands; Lakshadweep; Daman & Diu; Dadra G & Nagar Haveli [under Rule 2(a)] · ‘Commission’ to mean the Union Public Service Commission [under Rule 2(h)].

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· ‘Scheduled Castes and Scheduled Tribes’ to have the same A meaning as are assigned to them by Articles 366(24) and 366(25) [under Rule 2(n)]. The DANICS/DANIPS Rules, 2003, further, state that posts in Junior Administrative Grade-I, Junior Administrative Grade-II, Selection Grade will be Central Civil Services (Group A), whereas Entry Grade B shall be Central Civil Services (Group B) [Rule 3]. The vacancies in DANICS/DANIPS shall be filled in on the basis of the Civil Services Examination conducted by UPSC [Rule 7]. Every member of DANICS/ DANIPS allocated to an Administration shall be posted against a duty post18 under the Administration by the Administrator [Rule 12]. More importantly, the Government of India shall, from time to time, allocate a C member of DANICS/DANIPS to any Administration for posting [Rule 12]. Nothing in the Rules affects reservations, relaxation in age-limit and other concessions required to be provided for the Scheduled Castes, the Scheduled Tribes, Other Backward Classes and other special categories of persons in accordance with the orders issued by the D Government of India from time to time in this regard [Rule 17: the Saving clause]. The Sanctioned Strength for DANICS and DANIPS is in the DANICS/DANIPS Rules, 2003 (approximately 398 DANICS; approximately 355 DANIPS).

52Copy pinpoint52. As per the Union of India’s Affidavit, DANICS and DANIPS E are ‘Union Territory Services’19. The Affidavit says, “...at Serial 28 and 29 of the Schedule (to CCS Rules, 1965), we have the Union Territory Services known as DANICS and DANIPS”. The Affidavit, further, says that, “DANICS/DANIPS Officers are posted in Delhi; Andaman & Nicobar Islands; Lakshadweep; Daman & Diu; Dadra & Nagar Haveli. The recruitment to all the Union Territories for F these Group B posts are common. They are also centralised and the Appointing Authority is none other than the Ministry of Home Affairs (Joint Secretary). For the recruitment to these services, it is

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A the very same examination meant for AIS and CCS Group A. Any citizen of India is eligible to apply, subject to the conditions prescribed. As per the Service Rules, transfer undertakings throughout the Union Territories covered under DANICS/DANIPS is taken from these officers. This is the reason why the Union of India while inviting applications for recruitment considers all candidates, including B reserved candidates on all India basis. Group B Cadre of DANICS/ DANIPS is the Feeder Cadre for IAS and IPS respectively (i.e. AIS). They retire invariably in these Offices, some of them reaching high positions in the Central Government. Recruitment to AIS; CCS Group A; CCS Group B (Gazetted) is conducted through UPSC. In C the Civil Services Examination, the applicants are common when the applications are made. Every aspirant seeks recruitment to the services and it is only as per the marks and ranking that allocations are made eventually to AIS; CCS Group A; CCS Group B. Therefore, when UPSC undertakes the recruitment, it is naturally a pan India recruitment and therefore, it is necessary to seek applications including from reserved candidates from all over India.”20

53Copy pinpoint53. But it is not the Members of the All India Services (AGMUT Cadre); Central Civil Services (Group ‘A’ and ‘B’) and the ‘DANICS’ and ‘DANIPS’ who alone are the public servants in the States and the Union Territories engaged in the discharge of duties in connection with the affairs of the Union. There are and bound to be public servants that work the subordinate services. CCS Group C:

54Copy pinpoint54. At the subordinate level these are the Group ‘C’ posts. In the F Schedule to CCS Rules, 1965, there are 5 such services. The Union of India’s Affidavit says that, “These posts, in so far, as they relate to services under the Union of India are concerned are recruited by the Staff Selection Commission (which is the Recruiting Agency under the DoPT). The members of CCS Group C get promoted to CCS Group B. Recruitment to posts in this group arise out of G requisition made by the concerned ministries all over India. These requisitions, upon reaching, the Staff Selection Commission are processed and selection takes place and appointments are made. Even from these appointees, undertaking for all India transfer 20 Page 4, 5 of the Affidavit H

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liability is taken. As these are posts under the Central Government A and these employees are liable to transferred anywhere in the country and the recruitment being centralised for all such posts in the country, it has been consistent policy of the Union of India to have pan India eligibility.”

55Copy pinpoint55. With regard to CCS Group D posts, in the affidavit of the B Union it is stated that “the posts under this category are primarily of what used to be Class IV employees now referred to as the Multi Tasking staff. In recent years, Central Pay Commission has recommended against any further recruitment to these posts in Group D. Further it has also been recommended that the existing posts will be merged with Group C. Hence, this is now a C vanishing cadre21.”

56Copy pinpoint56. The broad picture that emanates from the above discussion and narration is that insofar as the services in connection with the affairs of the Union is concerned (Central Services), wherever the establishment may be located i.e. in the National Capital Territory of Delhi or in a State D or within the geographical areas of Union Territory, recruitment to all positions is on an All India basis and reservation provided for is again a pan- India reservation. This by itself, from one perspective, may appear to be in departure from the rule set out in Part XVI of the Constitution of India (Articles 341 and 342). However, the close look undertaken E hereinbefore indicates such a position is fully in accord with the constitutional structure of a federal polity. NATIONAL CAPITAL TERRITORY OF DELHI

57Copy pinpoint57. In case of National Capital Territory of Delhi, especially, to make the picture even clearer, a reference may be made to ‘Delhi F Administration Subordinate Service Rules, 1967’. Rule 3 of the aforesaid Rules is to the following effect: “3. Constitution of service and its classification.- (1) On and from the date of commencement of these Rules, there shall be constituted one Central Civil Service, known as the Subordinate G Service of the Delhi Administration. (2) The Service shall have four Grades, namely—

21 Page 6, para iv.a. of the Affidavit H

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A Grade I Grade II Grade III Grade IV (3) The posts in Grade I shall be Central Civil posts, Class II B Group ‘B’ (Gazetted) and those in Grades II, III and IV shall be Central Civil posts Group ‘C’ (Non-Gazetted). (4) Members of the service shall, in the normal course be eligible for appointment to various Grades of the service to which they belong and not to the other service.” C (underlining is ours) Subordinate services in the National Capital Territory of Delhi are, therefore, clearly Central Civil Services. The Affidavit of the Union also points out this feature by stating that, “The posts in CCS Group C are in the subordinate services.The equivalent in the Union D Territory of Delhi is the Delhi Administrative Subordinate Services (DASS) and the Recruiting Agency in the place of Staff Selection Commission is the Delhi Subordinate Service Selection Board (DSSSB). Members of the Delhi Administrative Subordinate Services are the Feeder Cadre for Central Civil Services Group B (DANICS). E It is for these reasons that the policy (of pan India eligibility) consistently adopted.”22

58Copy pinpoint58. A combined reading of these provisions of the DASS Rules, 1967 and CCS Rules, 1965, therefore, more than adequately explains the nature of Subordinate Services in the NCT of Delhi. These clearly are General Central Services and perhaps, it is owing to this state of F affairs that the Union of India in its Affidavit has stated that, “Members of the Delhi Administrative Subordinate Services are the Feeder Cadre for Central Civil Services Group B (DANICS). It is for these reasons that the policy (of pan India eligibility) is consistently adopted.”

59Copy pinpoint59. While examining the validity of reservation of seats in medical colleges for local candidates in Delhi, this Court in Dr. Jagdish Saran and OthersVs. Union of India23 had made certain observations with regard to the special status that the capital city enjoys, which today, has 22 Page 6, Para (b) of the Affidavit. H 23 (1980) 2 SCC 768

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come to be known as the National Capital Territory of Delhi. The A observations of this Court in paragraphs 10 and 56 may be usefully recapitulated and, therefore, is set out below: “10. The capital city is not just a part of India. It is miniaturised India, a fact often forgotten by the administration in the field of culture and education, especially vis-a-vis regional, minorities. It B is magapolitan and people from all parts flock to this outsized city. But we cannot exaggerate this factor, for the presence of the farther regions like the South and the North-east, population-wise, is minimal and precarious. Shri Balakrishnan insisted that the University was sustained by Central Government finances, collected from the whole country, and the benefits must likewise C belong to all qualified students from everywhere. These are valuable aspects to shape policy but the court must test constitutionality and no more. To that extent alone we will weigh these factors in moulding our verdict. xxx xxx xxx D

56. We may wind-up by articulating the core thought that vitalises our approach. Anyone who lives inside India can never be considered an ‘outsider’ in Delhi. The people in the States are caught in a happy network of mutuality, woven into a lovely garment of humanity, whose warp and woof is India. This is the underlying fundamental of the preambular resolve registered in our National Parchment. So we insist that blind and bigoted local patriotism in xenophobic exclusivism is destructive of our Freedom and only if compelling considerations of gross injustice, desperate backwardness and glaring inequality desiderate such a purposeful course can protective discrimination gain entrance into the portals of college campuses. The Administration has a constitutional responsibility not to be a mere thermometer where mercury rises with populist pressure but to be a thermostat that transforms the mores of groups to stay in the conscience of the nation viz. the Constitution.” G

60Copy pinpoint60. The Affidavit of the Union does not touch upon the details of Subordinate Services in other Union Territories. Neither the authorities of the other Union Territories have laid before the Court any relevant

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A material in this regard. We, therefore, refrain from addressing the issue in question as far as other Union Territories are concerned and have confined our discussions and the consequential views only to the National Capital Territory of Delhi.

61Copy pinpoint61. Accordingly, we answer the question referred in terms of the views expressed in para 34 of this opinion. We further hold that so far as the National Capital Territory of Delhi is concerned the pan India Reservation Rule in force is in accord with the constitutional scheme relating to services under the Union and the States/Union Territories.

62Copy pinpoint62. In view of the conclusions reached as above, it will not be necessary to remit Civil Appeal Nos. 1085 of 2013, 10081 of 2014, 8141 of 2014, 8802 of 2012, 1086 of 2013 and Civil Appeal arising out of Special Leave Petition (Civil) No.36324 of 2017 (pertaining to Delhi) for further consideration by the appropriate Bench. Accordingly, we dispose of the said appeals (pertaining to Delhi) in terms of the present order. D So far as Civil Appeal Nos.9935-9937 of 2014 pertaining to the U.T. of Andaman and Nicobar Island are concerned the issue may be decided by the appropriate Bench in the light of the views expressed herein on adequate and sufficient materials being placed before the Bench by the contesting parties. E

R. BANUMATHI, J. Reference Order:- I have gone through the judgment proposed by His Lordship Justice F Ranjan Gogoi. I agree with the following conclusions arrived at in paras (30) and (34) and the reasonings thereon. “A person notified as a Scheduled Caste in State ‘A’ cannot claim the same status in another State on the basis that he is declared as a Scheduled Caste in State ‘A’......”. G “.......It will, therefore, be in consonance with the constitutional scheme to understand the enabling provision under Article 16(4) to be available to provide reservation only to the classes or categories of Scheduled Castes/Scheduled Tribes

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enumerated in the Presidential orders for a particular State/ A Union Territory within the geographical area of that State/ Union Territory (Union Territory added by me) and not beyond.” With due respect, I do not agree with the conclusion arrived at in para (61) and the reasonings thereon. B “......So far as the National Capital Territory of Delhi is concerned the pan-India Reservation Rule in force is in accord with the constitutional scheme relating to services under the Union and the States/Union Territories.” For agreeing with the conclusion arrived at in paras (30) and C (34) and for differing from the conclusions in para (61) and the reasonings thereon, I have given my own reasonings.

2. The extent and nature of interplay and interaction under Articles 16(4), 341(1) and 342(1) of the Constitution of India was referred to the Constitution Bench in State of Uttaranchal v. Sandeep Kumar Singh D and Ors., (2010) 12 SCC 794, with the following reference:- “13. A very important question of law as to interpretation of Articles 16(4), 341 and 342 arises for consideration in this appeal. Whether the Presidential Order issued under Article 341(1) or Article 342(1) of the Constitution has any bearing on the State’s E action in making provision for the reservation of appointments or posts in favour of any Backward Class of citizens which, in the opinion of the State, is not adequately represented in the services under the State? The extent and nature of interplay and interaction among Articles 16(4), 341(1) and 342(1) of the Constitution is F required to be resolved.”

3. Territory of India:- Article 1(1) of the Constitution of India declares that India, that is Bharat, shall be a Union of States. As amended by the Constitution Seventh (Amendment) Act, 1956. Article 1 of the Constitution reads as under:- G

1. Name and territory of the Union.- (1) India, that is Bharat, shall be a Union of States. (2) The States and the territories thereof shall be as specified in the First Schedule. H

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A (3) The territory of India shall comprise— (a) the territories of the States; (b) the Union Territories specified in the First Schedule; and (c) such other territories as may be acquired.

B 4. Under the Constitution of India, as initially enacted, the States were divided into Part A States, Part B States, Part C States and the territories in Part D. Substantial changes were made by the Constitution (Seventh Amendment) Act, 1956 which incorporated the recommendations of the States Reorganisation Commission and was to have effect in concert with the States Reorganisation Act, 1956. The four categories of States that existed were reduced to two categories. The first of these categories - Part A and Part B States comprised one class, called “States”. The second category comprised the areas which had earlier been included in Part C and Part D States; these areas were called “Union Territories”. Some additions and deletions were made to the existing lists. Now as per Schedule I, there are twenty-nine States and Seven Union Territories.

5. The expression “State” is not defined in the Constitution. It is defined in the General Clauses Act, 1897 which is made applicable to the interpretation of the Constitution by Article 367. As on the date of the commencement of the Constitution, clause (58) in Section 3 of the General Clauses Act, 1897 defined “State” in the following words:- “3. (58) ‘State’, — shall mean a Part A State, a Part B State or a Part C State.” The said definition was amended by the Adaptation of Laws Order F No. 1 of 1956 issued by the President in exercise of the power conferred upon him by Article 372-A of the Constitution introduced by the Constitution Seventh (Amendment) Act, 1956. The amended definition ‘State’ reads thus:- “3. (58) ‘State’, — G (a) as respects any period before the commencement of the Constitution (Seventh Amendment) Act, 1956, shall mean a Part A State, a Part B State or a Part C State; and

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(b) as respects any period after such commencement, shall mean a State specified in the First Schedule to the Constitution and shall include a Union Territory.”

6. Clause (30) in Article 366 defines the “Union Territory” in the following words:- “366. (30) ‘Union Territory’ means any Union Territory specified in the First Schedule and includes any other territory comprised with the territory of India but not specified in that Schedule.”

7. Clause (24) of Article 366 defines “Scheduled Castes” and clause (25) of Article 366 defines “Scheduled Tribes”. The latter means “such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be ‘Scheduled Tribes’ for the purposes of this Constitution”. Article 341(1) of the Constitution empowers the President, in consultation with the Governor of the State concerned, to specify Scheduled Castes by public notification. Equally, Article 342(1) of the Constitution empowers the President “with respect to any State or Union Territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be ‘Scheduled Tribes’ in relation to that State or Union Territory, as the case may be”. Article E 342(2) of the Constitution empowers “Parliament, by law, to include in or exclude from the list of ‘Scheduled Tribes’ specified in a notification issued under clause (1), any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be F varied by any subsequent notification.” Until the Presidential Notification is modified by appropriate amendment by Parliament in exercise of the power under Article 341(2) of the Constitution, the Presidential Notification issued under Article 341(1) is final and conclusive and any caste or group cannot be added to it or subtracted by any action either by the State Government or by a Court on adducing of evidence. G In other words, it is the constitutional mandate that the tribes or tribal communities or parts of or groups within such tribes or tribal communities specified by the President, after consultation with the Governor in the

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A public notification, will be ‘Scheduled Tribes’ subject to the law made by Parliament alone, which may, by law, include in or exclude from the list of ‘Scheduled Tribes’ specified by the President. Thereafter, it cannot be varied except by law made by the Parliament.

8. The President of India alone is competent or authorized to issue an appropriate Notification in terms of Article 341(1) and Article 342(1). Cumulative reading of Articles 338, 341 and 342 indicate that:- a) Only the President could notify castes/tribes as Scheduled Castes/Tribes and also indicate conditions attaching to such declaration. A public Notification by the President specifying the particular castes or tribes as SC/ST shall be final for the purpose of Constitution and shall be exhaustive. b) Once a notification is issued under clause (1) of Articles 341 and 342 of the Constitution, the Parliament can by law include in or exclude from the list of Scheduled Castes or Scheduled D Tribes, specified in the notification, any caste or tribe but save for that limited purpose the notification issued under clause (1), shall not be varied by any subsequent notification1.

BIR SINGH v. DELHI JAL BOARD & ORS. 573 [R. BANUMATHI, J.]

10. Whenever States’ reorganization took place in the past, A Parliament exercised its powers under Articles 341(2) and 342(2) and provided for specific Castes/Tribes that had to be Scheduled Castes and Scheduled Tribes in relation to the reorganized States/Union Territories. The Constitution Scheduled Caste Orders and the Constitution Scheduled Castes (Union Territories) Order, also clarify that Parliament’s intention B was to extend benefits of reservation in relation to the States/Union Territories in terms of the castes, races or tribes mentioned as per the Presidential Orders themselves.

11. Presidential Order which provided for castes/races, tribes recognized as ‘Scheduled Caste/Scheduled Tribe’ and their interpretation cannot be challenged or agitated in a court of law. The C question whether Dohar caste is a sub-caste of Chamar caste which is recognized as a Scheduled Caste came up for consideration in Bhaiya Lal v. Harikishan Singh, AIR 1965 SC 1557, wherein this Court held that the court cannot enquire into whether Dohar caste is a sub-caste of Chamar caste and whether the same must be deemed to have been included in the Presidential Order. In Bhaiya Lal’s case, this Court held “...that before a notification is issued under Article 341(1), an elaborate enquiry is made and it is as a result of this enquiry that social justice is sought to be done to the castes, races or tribes as may appear to be necessary, and in doing justice...” and while doing so, the notification not only to specify parts or groups of castes, races or tribes but to make specification by reference to different areas in the State. In Bhaiya Lal’s case, the Supreme Court held that only the Parliament is empowered to amend the Notification under Articles 341(2) and 342(2) of the Constitution.

12. Presidential Notification (Scheduled Caste) Order 1950:- F The List of Scheduled Castes is contained in the Constitution (Scheduled Castes) Order 1950. The Presidential Notifications of 1950 and 1951 (as amended) in relation to Scheduled Castes and Scheduled Tribes of various States, very importantly provided that:- “2. Subject to the provisions of this Order, the castes, races or G tribes or parts of, or groups within, castes or tribes specified in [Parts I to XXV] of the Schedule to this Order shall, in relation to

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A the States to which those Parts respectively relate, be deemed to be Scheduled Castes so far as regards members thereof resident in the localities specified in relation to them respectively in those Parts of that Schedule.” The Presidential Notification of 1950 was amended by the B Constitution (Scheduled Castes and Scheduled Tribes Order), Amendment Act, 1956, (Act No.63 of 1956). Another amending Act was enacted by Parliament in 1976. Further, amendments had taken place as and when Parliament reorganized States like Bombay, Andhra Pradesh, Uttarakhand, Chhattisgarh and Jharkhand through separate Acts. All these were Parliamentary enactments. Presidential Notification C pertaining to Union Territories, Scheduled Castes (Union Territories) Order, 1951 specifies Scheduled Castes resident in the Union Territories of Delhi, Chandigarh and Daman and Diu. When new Union Territories were formed such as Pondicherry, Sikkim, Goa, Daman and Diu, Arunachal Pradesh, Mizoram, the Scheduled Castes or Scheduled D Tribes Orders were made in relation to those new Union Territories.

13. The Constitution (Scheduled Tribes) Order, 1950 2:- In exercise of the powers conferred by clause (1) of Article 342 of the Constitution of India the President has, after consultation with the Governors of the States concerned, made the Constitution (Scheduled Tribes) Order, 1950, specifying the tribes or communities which shall be E deemed to be Scheduled Tribes in the States mentioned therein. This Order has been amended by the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 (Act No.108 of 1976), the Constitution (Scheduled Tribes) Order (Amendment) Act, 1991 (16 of 1991), the Constitution (Scheduled Tribes) Order (Second Amendment) Act, 1991 F (39 of 1991), the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 2002 (32 of 2002), the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 2002 (10 of 2003), the Constitution (Scheduled Tribes) Order (Amendment) Act, 2003 (47 of 2003), the Constitution (Scheduled Tribes) Order (Amendment) Act 2006 (48 of 2006), the Constitution (Scheduled Tribes) Order (Amendment) G Act, 2008 (14 of 2008) and the Constitution (Scheduled Tribes) Union Territories Order (Amendment) Act, 2008 (2 of 2009). As it stands amended, it specifies the Scheduled Tribes resident in the States of Andhra 2 Ref. Election Manual (1984), p.44 quoted in Commentary on the Constitution of India 8 th Ed. by Durga Das Basu. H

BIR SINGH v. DELHI JAL BOARD & ORS. 575 [R. BANUMATHI, J.]

Pradesh, Assam, Bihar, Gujarat, Himachal Pradesh, Karnataka, Kerala, A Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Orissa, Rajasthan, Tamil Nadu, Tripura, West Bengal.

14. Article 16(4) is only an enabling provision to provide reservation to backward classes. Clause (4) of Article 16 of the Constitution cannot be made applicable for the purpose of grant of benefit of reservation for B Scheduled Castes or Scheduled Tribes in a State or Union Territory, who have migrated to another State or Union Territory and they are not members of the Scheduled Castes and Scheduled Tribes in the State to which they have migrated. The Presidential Orders made under Article 341 and Article 342 have an overriding status. The presence of Articles 338, 338A, 341, 342 of the Constitution clearly shows that it precludes any tinkering or deviation from the list of castes or tribes notified in the Presidential Order which are reserved for that State or that Union territory.

15. India is huge. There is Unity in Diversity. Diversity in terms of language, culture, demography, geographical area, development of regions, opportunities available to individuals for education and to make social and economical advancement etc. Some States are well-developed; some other States are developing; few other States are under-developed. All the affirmative action of the States is to provide equality of opportunity to the socially and economically disadvantaged group. Under Article E 15(4) of the Constitution, State is empowered to make special provisions for the advancement of any socially and educationally backward class of citizens or for the Scheduled Castes or Scheduled Tribes. Article 16 of the Constitution of India lays down that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. Article 16(4) of the Constitution F empowers the State to make provisions to provide reservation to the backward classes in employment or appointment to any posts and thereby to create equally opportunities for their socio-economic empowerment and their emancipation. Article 16(4) speaks of one type of reservation namely reservation of appointments/posts. G

16. Article 16(4) of the Constitution is an enabling provision directed towards achieving equality of opportunity in services under the State. Observing that Article 14 of the Constitution is the genus while

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A Article 16 is the species, in E. P. Royappa v. State of Tamil Nadu and Anr., (1974) 4 SCC 3, it was held that:- “85. .........Article 16 embodies the fundamental guarantee that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the B State. Though enacted as a distinct and independent fundamental right because of its great importance as a principle ensuring equality of opportunity in public employment which is so vital to the building up of the new classless egalitarian society envisaged in the Constitution, Article 16 is only an instance of the application of the concept of equality enshrined in Article 14. In other words, C Article 14 is the genus while Article 16 is a species. Article 16 gives effect to the doctrine of equality in all matters relating to public employment. The basic principle which, therefore, informs both Articles 14 and 16 is equality and inhibition against discrimination. Now, what is the content and reach of this great D equalising principle? It is a founding faith, to use the words of Bose. J., “a way of life”, and it must not be subjected to a narrow pedantic or lexicographic approach. We cannot countenance any attempt to truncate its all-embracing scope and meaning, for to do so would be to violate its activist magnitude. Equality is a dynamic concept with many aspects and dimensions and it cannot be E “cribbed, cabined and confined” within traditional and doctrinaire limits........” [Underlining added]

17. The Constitution Bench of nine Judges in Indra Sawhney and Ors. v. Union of India and Ors., (1992) Supp 3 SCC 217, observed that Article 16(4) of the Constitution is aimed at ‘protective equality’ F and it was held as under:- “563. Thus, Article 16(1) and (4) operate in the same field. Both are directed towards achieving equality of opportunity in services under the State. One is broader in sweep and expansive in reach. Other is limited in approach and narrow in applicability. Former G applies to ‘all’ citizens whereas latter is available to ‘any’ in Article 16(4) read together indicate that they are part of same scheme. The one is substantive equality and other is protective equality. Article 16(1) is fundamental right of a citizen whereas Article 16(4) is an obligation of the State. The former is enforceable in a H

BIR SINGH v. DELHI JAL BOARD & ORS. 577 [R. BANUMATHI, J.]

Court of law, whereas the latter is ‘not constitutional compulsion’ A but an enabling provision. Whether Article 16(4) is in substance, ‘an exception’, ‘a proviso’, or an ‘emphatic way of putting the extent to which equality of opportunity could be carried’, or ‘presumed to exhaust all exceptions in favour of backward class’, or ‘expressly designed as benign discrimination devoted to lifting to backward classes’, but if Article 16(1) is the positive aspect of equality of opportunity’, Article 16(4) is a complete Code for reservation for backward class of citizens as it not only provides for exercise of power but also lays down the circumstances, in which the power can be exercised, and the purpose and extent or its exercise. One is mandatory and operates automatically whereas the other comes into play on identification of backward class of citizens and their inadequate representation.” [Underlining added]

19. In State of Kerala and Anr. v. N.M. Thomas and Ors. F (1976) 2 SCC 310 in para (178), it was held that “...differences and disparities exist among men and things and they cannot be treated alike by the application of the same laws but the law has to come in terms with life and must be able to recognize the genuine differences and disparities that exist in human nature. Legislature has also to G enact legislation to meet specific ends by making a reasonable and rational classification..”.

20. A Constitution Bench of this Court in Marri Chandra Shekhar Rao v. Dean, Seth G.S. Medical College and Ors., (1990) 3 SCC 130 H

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A had the occasion to consider the question as to whether a member of Gouda community which is recognised as “Scheduled Tribe” in the Constitution (Scheduled Tribes) Order, 1950 would be entitled to admission in a medical institution situated in the State of Maharashtra. Based on the Government of India circular dated 22.02.1985, the appellant was denied admission to the Medical College on the ground that Marri Chandra B Shekhar Rao was not a ‘Scheduled Tribe’ in the migrated State i.e. State of Maharashtra.

21. After referring to various provisions of Constitution of India, background in which the Presidential Order was issued and earlier judgments, in Marri Chandra Shekhar Rao’s case, it was held as under:- C “9. It appears that Scheduled Castes and Scheduled Tribes in some States had to suffer the social disadvantages and did not have the facilities for development and growth. It is, therefore, necessary in order to make them equal in those areas where they have so suffered and are in the state of underdevelopment to have reservations or protection in their favour so that they can compete on equal terms with the more advantageous or developed sections of the community. Extreme social and economic backwardness arising out of traditional practices of untouchability is normally considered as criterion for including a community in the list of Scheduled Castes and Scheduled Tribes. The social conditions of a caste, however, varies from State to State and it will not be proper to generalise any caste or any tribe as a Scheduled Tribe or Scheduled Caste for the whole country. This, however, is a different problem whether a member or the Scheduled Caste in one part of the country who migrates to another State or any other Union territory should continue to be treated as a Scheduled Caste or Scheduled Tribe in which he has migrated. That question has to be judged taking into consideration the interest and well-being of the Scheduled Castes and Scheduled Tribes in the country as a whole.”

G 22. Marri Chandra Shekhar Rao case was followed by another Constitution Bench of this Court in Action Committee on issue of caste certificate to Scheduled Castes and Scheduled Tribes in the State of Maharashtra and Anr. v. Union of India and Anr. (1994) 5 SCC 244. In Action Committee’s case, it was held as under:- H

BIR SINGH v. DELHI JAL BOARD & ORS. 579 [R. BANUMATHI, J.]

“3. On a plain reading of clause (1) of Articles 341 and 342 it is manifest that the power of the President is limited to specifying the castes or tribes which shall, for the purposes of the Constitution, be deemed to be Scheduled Castes or Scheduled Tribes in relation to a State or a Union Territory, as the case may be. Once a notification is issued under clause (1) of Articles 341 and 342 of the Constitution, Parliament can by law include in or exclude from the list of Scheduled Castes or Scheduled Tribes, specified in the notification, any caste or tribe but save for that limited purpose the notification issued under clause (1), shall not be varied by any subsequent notification. What is important to notice is that the castes or tribes have to be specified in relation to a given State or C Union Territory. That means a given caste or tribe can be a Scheduled Caste or a Scheduled Tribe in relation to the State or Union Territory for which it is specified. These are the relevant provisions with which we shall be concerned while dealing with the grievance made in this petition. D ....

16. We may add that considerations for specifying a particular caste or tribe or class for inclusion in the list of Scheduled Castes/ Schedule Tribes or backward classes in a given State would depend on the nature and extent of disadvantages and social hardships suffered by that caste, tribe or class in that State which may be totally non est in another State to which persons belonging thereto may migrate. Coincidentally it may be that a caste or tribe bearing the same nomenclature is specified in two States but the considerations on the basis of which they have been specified may be totally different. So also the degree of disadvantages of various elements which constitute the input for specification may also be totally different. Therefore, merely because a given caste is specified in State A as a Scheduled Caste does not necessarily mean that if there be another caste bearing the same nomenclature in another State the person belonging to the former would be entitled to the rights, privileges and benefits admissible to a member of the Scheduled Caste of the latter State “for the purposes of this Constitution”. This is an aspect which has to be kept in mind and which was very much in the minds of the Constitution-makers

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A as is evident from the choice of language of Articles 341 and 342 of the Constitution....” Marri Chandra Shekhar Rao’s case and Action Committee’s case were followed in Subhash Chandra and Anr. v. Delhi Subordinate Services Selection Board and Ors., (2009) 15 SCC 458. B In Subhash Chandra case, the Supreme Court reiterated that “If a caste or tribe is notified in terms of the Scheduled Castes Order or the Scheduled Tribes Order, the same must be done in terms of clause (1) of Article 341 as also that of Article 342 of the Constitution of India, as the case may be. No deviation from the procedure laid down therein is permissible in law. If any amendment/alteration thereto is required to be made, recourse to the procedure laid down under clause (2) thereof must be resorted to.”

23. In Marri Chandra Shekhar Rao’s case, it was held that a Scheduled Caste or Scheduled Tribe of any State which depends on the nature and extent of disadvantages and social hardships suffered by the caste, tribe or class in that State or area may be non-existent in another State. The inclusion of the castes, races or tribes is mainly based on the degree of disadvantages or hardships faced by the castes, races or tribes in that State or in some cases or in part area of the State. For instance, in the Presidential Order relating to the State of Tamil Nadu, the caste E Kanikaran, Kanikkar (in Kanyakumari District and Shenkottah and Ambasaundram taluks of Tirunelveli district) are notified as Scheduled Castes. This shows that the President can specify castes, races or tribes or parts thereof in relation not only to the entire State but in relation to the parts of the State. The President has been authorised to limit the notification to parts of the State or groups within castes, races or tribes. F In Marri Chandra Shekhar Rao case, the Constitution Bench therefore held that the expression “in relation to that State” must be read meaningfully; otherwise the expression “in relation to that State” would come nugatory.

24. The Presidential Order issued under Article 341 of the G Constitution in regard to Scheduled Castes and Article 342 of the Constitution 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 a notification issued under Article 341(1) and Article 342(1) of the Constitution H

BIR SINGH v. DELHI JAL BOARD & ORS. 581 [R. BANUMATHI, J.]

respectively any caste, race or tribe or parts or group within any caste, race or tribe. The Scheduled Castes or Scheduled Tribes thus specified in relation to one State or Union Territory does not carry their status in another State or Union Territory. When the Scheduled Castes or Scheduled Tribes are specified for each State and in some cases, specific areas of the State or Union Territory, neither the State legislature nor the courts can include or exclude other Scheduled Castes or Scheduled Tribes so specified in some States or Union Territories which would be against the mandate of Articles 341 and 342 of the Constitution and the Presidential Orders issued thereon. If that is permitted, it would amount to addition or alteration of the Presidential Order which is violative of the Constitutional Scheme. C

25. State of Maharashtra v. Milind and Ors. (2001) 1 SCC 4, dealt with a question as to whether the notified Scheduled Tribe being Halba or Halbi as contained in item 19 of the Presidential Order would include “Halba-Koshti”. This Court held that addition of “Halba-Koshti” in the Presidential Order would amount to amendment thereto which is D impermissible in law. In Milind’s case, it was held as under:- “33......The jurisdiction of the High Court would be much more restricted while dealing with the question whether a particular caste or tribe would come within the purview of the notified Presidential Order, considering the language of Articles 341 and E 342 of the Constitution. These being the parameters and in the case in hand, the Committee conducting the inquiry as well as the Appellate Authority, having examined all relevant materials and having recorded a finding that Respondent 1 belonged to “Koshti” caste and has no identity with “Halba/Halbi” which is the Scheduled Tribe under Entry 19 of the Presidential Order, relating to the F State of Maharashtra, the High Court exceeded its supervisory jurisdiction by making a roving and in-depth examination of the materials afresh and in coming to the conclusion that “Koshtis” could be treated as “Halbas”. In this view the High Court could not upset the finding of fact in exercise of its writ jurisdiction. G Hence, we have to essentially answer Question 2 also in the negative. Hence it is answered accordingly.”

26. When the Parliament restricts the benefit of reservation by inclusion of a caste as a Scheduled Caste to a State or part of State i.e. H

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A certain specified districts in a State, the Court cannot express any opinion as to its correctness. Hence, as regards the inclusion of caste “Mochi” in the list of Scheduled Castes within a particular area as per Constitution (Scheduled Castes) Order (Second Amendment) Act, 2002, it was held that it was not for the Court to render any opinion in regard to the correctness of the same. [vide Shree Surat Valsad B Jilla K.M.G. Parishad v. Union of India and Ors. (2007) 5 SCC 360].

27. The executive instructions/circulars issued by the Government of India also reiterate to well-settled position. The circular No. BC- 16014/1/82-SC & BCD-I dated 06.08.1984 of the Ministry of Home C Affairs addressed to all State Governments and UT Administration states that SC and ST on migration from the State of his origin to another State will not lose his status as SC/ST; but will be entitled to the concession/benefits admissible to the SC/ST from the State of his origin and not from the State where he has migrated. The relevant portion of D the said circular reads as under:- No. BC-16014/1/82-SC & BCD-I Government of India/Bharat Sarkar Ministry of Home Affairs/GrihMantralaya New Delhi, the 6th August, 1984 E To, The Chief Secretaries of All State Governments and U.T. Administrations. Subject: - Verification of claim of candidates belonging to Scheduled Castes and Scheduled Tribes and migrants F from other States/Union Territories-Form of certificate - Amendment to. Sir, ……..

G 2. The instructions issued in this Ministry’s letter of even number dated the 18.11.1982 will continue. It is, however, clarified that the Scheduled Caste/Scheduled Tribe person on migration from the State of his origin to another State will not lose his status as Scheduled Caste/Scheduled Tribes but he will be entitled to the concessions/benefits admissible to the Scheduled Castes/Scheduled H

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Tribes from the State of his origin and not from the State where A he has migrated…… (Underlining added)

Yours faithfully Sd/- Joint Secretary to Govt. of India B

28. The same thing was reiterated in the circular dated 22.02.1985 issued by the Ministry of Home Affairs which has also clarified that a Scheduled Caste/Scheduled Tribe person who has migrated from the State of origin to some other State for the purpose of seeking education, employment, etc. will be deemed to be a Scheduled Caste/Tribe of the C State of his origin and will be entitled to derive benefits from the State of origin and not from the State to which he has migrated.

29. My Conclusion for agreeing with the view taken in paras (30) and (32):- It is now settled law that a person belonging to Scheduled Caste/Scheduled Tribe in State ‘A’ cannot claim the same status in another D State ‘B’ on the ground that he is declared as a Scheduled Caste/Scheduled Tribe in State ‘A’. The expressions “in relation to that State or Union Territory” and “for the purpose of this Constitution”used in Articles 341 and 342 of the Constitution of India are to be meaningfully interpreted. A given caste or tribe can be a Scheduled Caste or a Scheduled Tribe in relation to that State or Union Territory for which it is specified. Thus, E the person notified as a Scheduled Caste in State ‘A’ cannot claim the same status in another State on the basis that he was declared Scheduled Caste in State ‘A’. Article 16(4) has to yield to the Constitutional mandate of Articles 341 and 342. Union Territories: F

30. Part VIII of the Constitution of India deals with Union Territories. Article 239 provides that the Union Territory shall be administered by the President acting through an Administrator to be appointed by him. Article 239 reads as follows:- G “239. Administration of Union Territories (1) Save as otherwise provided by Parliament by law, every Union Territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify. H

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A (2) Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union Territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.”

B 31. Article 239A was inserted by the Constitution (Fourteenth Amendment) Act, 1962. Article 239A of the Constitution of India empowers the Parliament to create by law legislatures and Council of Ministers in the then Union Territories of Himachal Pradesh, Manipur, Goa, Daman & Diu and Pondicherry. Arunachal Pradesh and Mizoram were added later. With Himachal Pradesh, Manipur, Tripura, Goa and C Mizoram all becoming full-fledged States, the only Union Territory left under Article 239A is Pondicherry. Now, Union Territory of Pondicherry (Puducherry) also has a legislature and Council of Ministers.

32. Article 341 empowers the President “with respect to any State or Union Territory, and where it is a State, after consultation with the D Governor thereof, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution, be deemed to be Scheduled Caste in relation to that State or Union Territory as the case may be.” Equally Article 342(1) empowers the President “with respect to any State or E Union Territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of the Constitution be deemed to be Scheduled Tribes in relation to that State or Union Territory, as the case may be”. Articles 341(2) and 342(2) of the Constitution empower the Parliament F alone by law to include or exclude from the list of Scheduled Castes/ Scheduled Tribes specified by notification issued under Articles 341(1) and 342(1) of the Constitution of India. Until the Presidential Notification is modified by appropriate amendment by Parliament in exercise of the power under Articles 341(2) or 342(2) of the Constitution, the Presidential G Notification issued under Articles 341(1) and 342(1) of the Constitution is final and conclusive. No caste or group can be added to it or subtracted by any action either by the State Government or by a Court on adducing of evidence. Articles 341 and 342 of the Constitution do not make any distinction between a ‘State’ or ‘Union Territory’.

BIR SINGH v. DELHI JAL BOARD & ORS. 585 [R. BANUMATHI, J.]

33. Constitution (Scheduled Castes) (Union Territories) A Order, 1951:- In exercise of powers under Clause (1) of Articles 341 and 342 of the Constitution, the Presidential Notifications were issued specifying Scheduled Castes in relation to various Union Territories. List of Scheduled Castes are declared in relation to each Union Territory separately. Presidential Notification pertaining to Union Territories, B Scheduled Castes (Union Territories) Order, 1951 specifies Scheduled Castes resident in the Union Territories of Delhi, Chandigarh and Daman and Diu. The Presidential Order provided that:- “Subject to the provisions of this Order, the castes, races or tribes or parts of, or groups within, castes or tribes, specified in *[Parts I to III] of the Schedule to this Order shall, in relation to the *[Union C territories] to which those parts respectively relate, be deemed to be Scheduled Castes so far as regards members thereof resident in the localities specified in relation to them respectively in those Parts of that Schedule.” As and when there is reorganisation of the Union Territories, in D exercise of the powers conferred under Article 341(1) of the Constitution, the President has made various orders.

34. The Constitution (Scheduled Tribes) (Union Territories) Order, 19513 :- In exercise of the powers conferred by clause (1) of Article 342 of the Constitution of India, as amended by the Constitution E (First Amendment) Act, 1951, the President made the Constitution (Scheduled Tribes) (Part C States) Order, 1951, specifying the tribes or communities which shall be deemed to be ‘Scheduled Tribes’ in Part C State. This Order was adapted for the Union Territories by the Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956. F

35. When new territories were formed, such as Pondicherry (Puducherry), or Sikkim, the Scheduled Castes or Scheduled Tribes Orders were made in relation to the new territories. In exercise of the powers under Articles 341(1) and 342(1), the President has made the orders - The Constitution (Dadra and Nagar Haveli) Scheduled Castes Order, G 1962; The Constitution (Dadra and Nagar Haveli) Scheduled Tribes Order, 1962; The Constitution (Pondicherry) Scheduled Castes Order, 1964; The Constitution (Goa, Daman and Diu) Scheduled Caste Order,

3 Ref. Ibid., p.53, quoted in Article 342 of commentary on the Constitution of India 8th Ed. by Durga Das Basu. H

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A 1968; The Constitution (Goa, Daman and Diu) Scheduled Tribes Order, 1968; In the case of Goa, the Goa, Daman and Diu Reorganisation Act, 1987 (Act No.18 of 1987), by Section 19 amended the Scheduled Castes and Scheduled Tribes Orders.

36. Union Territories do not become merged with the B Central Government:- The Union Territories are centrally administered by the President acting through an administrator. As held by this Court in New Delhi Municipal Council v. State of Punjab & Ors. (1997) 7 SCC 339, the President, who is the executive head of a Union Territory while administering the Union Territory, does not function as the head of the Central Government, but as the head of the Union Territory under C powers specially vested in him under Article 239 of the Constitution thereby occupying a position analogous to that of a Governor in a State. Though the Union Territories are centrally administered under the provisions of Article 239, they do not become merged with the Central Government as has been held by this Court in Satya Dev Bushahri v. D Padam Dev and Ors. AIR 1954 SC 587. They are centrally administered; but they retain their independent identity [Chandigarh Administration and Anr. v. Surinder Kumar and Ors. (2004) 1 SCC 530]. The Union Territory does not entirely lose its existence as an entity though large control is exercised by the Union of India. [Government of NCT Delhi v. All India Central Civil Accounts, Jao’s Association E and Ors. (2002) 1 SCC 344]

37. View taken in Pushpa and Chandigarh Administration – not correct view:- Reliance was placed upon Pushpa’s case to contend that Article 16(4) is not controlled by the Presidential Order issued under Article 341(1) or Article 342(1) to the Officers appointed to the post in F the Union Territories need not be confined to only such Schedule Castes/ Schedule Tribes of the particular Union Territory. In Pushpa’s case, the Supreme Court was confined with the question as to whether, selection and appointment already made to migrants’ Schedule Caste candidates of other States against the quota reserved for the Schedule Caste G candidates in the Union Territory of Pondicherry was legal and valid. In S. Pushpa and Ors. v. Shivachanmugavelu and Ors. (2005) 3 SCC 1, Pondicherry Government appointed Selection Grade Teachers in 1995 under the Scheduled Castes quota not only from the Scheduled Castes candidates of Pondicherry but also such candidates of Scheduled Castes

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from other States. In Pushpa’s case, this Court upheld the policy of the A Pondicherry Government extending the benefit of reservation of SC/ST seats even to those candidates who came from other States. The Pondicherry Government proceeded on the basis that since Central Government jobs were open to all SC/ST candidates irrespective of origin of their States, the same may apply to jobs with a Union Territory as B well. In Pushpa’s case, this Court held that in the matter of providing reservation, it was open to the Pondicherry Government to extend the benefit of reservation to migrant Scheduled Caste and Scheduled Tribe candidates and that the same will not be an infraction of clause (4) of Article 16 of the Constitution of India.

38. In Pushpa’s case, the principle that “when members of C Scheduled Castes/Scheduled Tribes migrate to another State, they do not carry with them the special privileges and advantages”, was held not applicable in case of Union Territories. In para (21) of Pushpa’s case, it was held as under:- “21.....Article 16(4) is not controlled by a Presidential Order issued D under Article 341(1) or Article 342(1) of the Constitution in the sense that reservation in the matter of appointment on posts may be made in a State or Union Territory only for such Scheduled Castes and Scheduled Tribes which are mentioned in the Schedule appended to the Presidential Order for that particular State or E Union Territory. This article does not say that only such Scheduled Castes and Scheduled Tribes which are mentioned in the Presidential Order issued for a particular State alone would be recognised as backward classes of citizens and none else. If a State or Union Territory makes a provision whereunder the benefit of reservation is extended only to such Scheduled Castes or F Scheduled Tribes which are recognised as such in relation to that State or Union Territory then such a provision would be perfectly valid. However, there would be no infraction of clause (4) of Article 16 if a Union Territory by virtue of its peculiar position being governed by the President as laid down in Article 239 extends the G benefit of reservation even to such migrant Scheduled Castes or Scheduled Tribes who are not mentioned in the Schedule to the Presidential Order issued for such Union Territory. The UT of Pondicherry having adopted a policy of the Central Government

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A whereunder all Scheduled Castes or Scheduled Tribes, irrespective of their State are eligible for posts which are reserved for SC/ST candidates, no legal infirmity can be ascribed to such a policy and the same cannot be held to be contrary to any provision of law.” (Underlining added) B In my considered view, the above observation in Pushpa’s case is not a correct view. The judgment in Pushpa’s case is contrary to the views taken in Marri Chandra Shekhar Rao’s case. The judgment in Pushpa’s case is contrary to the views taken in Marri Chandra Shekhar Rao’s case. Facts of Pushpa’s case disclose that the Government of Pondicherry had throughout proceeded on the basis that being a Union C Territory all orders regarding reservation for SC/ST in respect of post/ services under the Central Government were applicable to post/services as under the Pondicherry administration. The decision in Pushpa’s case therefore cannot be taken to be an authoritative pronouncement. Clause (2) of Article 341 of the Constitution empowers Parliament alone by law D to include or exclude from the lists of Scheduled Castes specified in a notification issued under clause (1) of Article 341. No executive action or order or modification or variance of the same is possible and any such variance would be against the constitutional scheme.

39. In Pushpa’s case, the posts advertised were of Selection E Grade Teachers under the Pondicherry Services and not for Central Government jobs. It may be that Pondicherry is a Union Territory; but the posts/services exclusively coming under Pondicherry administration is meant only for the Scheduled Casts/Scheduled Tribes as notified under the Presidential Order for Pondicherry. In fact, Pondicherry (Union Territory) itself by referring to Subhash Chandra’s case has taken the F decision that reservation benefits to posts/services arising under the Union Territory of Pondicherry will be confined only to the Scheduled Castes/ Scheduled Tribes notified by virtue of Presidential Order. The said Government Order of the Pondicherry Government was upheld by this Court in Puducherry Scheduled Caste People Welfare Association v. G Chief Secretary to Government, Union Territory of Pondicherry and Ors. (2014) 9 SCC 236, wherein this Court held as under:- “13. It is important to bear in mind that it is by virtue of the notification of President under Article 341(1) that the Scheduled Castes come into being. The members of the Scheduled Castes H

BIR SINGH v. DELHI JAL BOARD & ORS. 589 [R. BANUMATHI, J.]

are drawn from castes, races or tribes, they attain a new status by virtue of Presidential Order. Clause (2) of Article 341 empowers Parliament alone by law to include or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) by the President. By no executive power, amendment, modification, alteration or variance in the Presidential Order is permissible. It is not open to the executive to do anything directly or indirectly which may lead to any change in the Presidential Order. Once Presidential Order has been issued under Article 341(1) or Article 342(1), any amendment in the Presidential Order can only be made by Parliament by law as provided in Article 341(2) or Article 342(2), as the case may be, and in no other manner. The interpretation of “resident” in the Presidential Order as “of origin” amounts to altering the Presidential Order.”

40. The principle in Pushpa’s case was not accepted in Subhash Chandra’s case. It was held that although Union Territory is administered by the Union Government, socio-political aspect of the Union D Territory cannot be mixed up with administrative aspect. In Subhash Chandra’s case, it was held that if the principle applied in Pushpa’s case is to be given a logical extension, it will lead to an absurdity, that the Scheduled Castes Order in a State/Union Territory brought under the control of the President under Article 341 of the Constitution could be altered by virtue of a notification issued in pursuance of Article 16(4) of E the Constitution, which is not in consonance with the Constitutional Scheme.

41. Let us refer to the facts of Chandigarh Administration and Another v. Surinder Kumar and Others (2004) 1 SCC 530. Ministry F of Home Affairs, Government of India issued various circulars pertaining to the Scheduled Castes and Scheduled Tribes. The circular dated 22.02.1985 regarding “Issue of Scheduled Caste/Scheduled Tribe certificate to migrants from other States/Union Territories”, issued by the Ministry of Home Affairs clarified that a Scheduled Caste/Tribe person who has migrated from the State of origin to some other State G for the purpose of seeking education, employment, etc. will be deemed to be a Scheduled Caste/Tribe of the State of his origin and will be entitled to derive benefits from the State of origin and not from the State

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A to which he has migrated. Based on the aforesaid circular of the Government of India, the Home Secretary, Chandigarh Administration vide his letter dated 28.07.1986 sought clarification from the Government of India, Ministry of Home Affairs, as to whether, these instructions are applicable in the Union Territory of Chandigarh. Chandigarh Administration received the reply dated 26.08.1986 from Ministry of Welfare stating B that there is no discrimination in the employment under the Central Government between the Schedule Caste/Schedule Tribes of one State or another and Union Territories and that the same may be followed by the Chandigarh Administration. The letter dated 26.08.1986 stated that Scheduled Castes/Scheduled Tribes of any other State/Union Territory C would be entitled to the benefits and facilities provided in the services under the Union Territory of Chandigarh. Further the said circular leaves it to the Chandigarh Administration to seek further clarification. The above letter of Government of India is in clear violation of Constitutional scheme.

D 42. Pursuant to the said letter, Chandigarh Administration sought clarification from the Department of Personnel and Training. However, they have not received any response. The clarification was issued by the Home Secretary, Chandigarh Administration vide letter dated 07.09.1999. The said letter had given a clarification based on the E Government of India circular dated 02.02.1985 stating that a Schedule Caste/Schedule Tribe of any other State or Union Territory would not be entitled to the benefits of reservation in the services in the Chandigarh Administration and that the benefit of reservation to persons belonging to reserved categories in other States in the Chandigarh Administration is to be discontinued with effect from 07.09.1999. In Chandigarh F Administration case, the Supreme Court took the view that the stand taken by Chandigarh Administration discontinuing the benefits of reservation with effect from 07.09.1999 was untenable. With due respect, I am not in agreement with the view taken in Chandigarh Administration case. The letter dated 26.08.1986 sent by the Ministry G of Welfare/Kalyan Mantralaya is contrary to the letter dated 22.02.1985 sent by the Ministry of Home Affairs and also against the Constitutional scheme.

BIR SINGH v. DELHI JAL BOARD & ORS. 591 [R. BANUMATHI, J.]

43. It was held in Subhash Chandra that Chandigarh A Administration and Pushpa proceeded on the basis that Marri Chandra Shekhar Rao and Action Committee would have no application in relation to Union Territories. Observing that both Articles 341 and 342 not only refer to the State but also to the Union Territory. In para (64) of Subhash Chandra’s case, it was held as under:- B “64. Although Union Territories are administered by the Central Government, yet it is difficult to conceive that the socio-political aspect can be mixed up with the administrative aspect. Article 341 leads to grant of constitutional rights upon a person whose affinity to a caste/tribe would attract the Constitution (Scheduled Castes) Order or the Constitution (Scheduled Tribes) Order. Once C a person comes within the purview of presidential promulgation, he would be entitled to constitutional and other statutory or administrative benefits attached thereto. In our opinion, such socio- political rights created in our Constitution cannot be segregated keeping in view the administrative exigencies.” D

44. As per the scheme of the Constitution under Articles 341, 342 and 239 of the Constitution, only those Scheduled Castes/Scheduled Tribes as notified in the Presidential Notification for the respective Union Territory can legitimately claim the benefit of reservation in that Union Territory. Even though the Union Territories are centrally administered, E though the administrator/Lieutenant Governor so far as the administrative aspects of the Union Territories, each Union Territory has its own identity. Each of the Union Territories would be bound by their respective Presidential Order of Scheduled Castes/Scheduled Tribes for giving benefit of reservation to Scheduled Castes/Scheduled Tribes in employment. Only those persons, who come within the purview of the F Presidential Notification, would be entitled to constitutional and other statutory benefits of reservation in the respective Union Territory. If the benefit of reservation is to be extended to Scheduled Castes/Scheduled Tribes from all over the country then it would amount to inclusion of caste, races or tribes to the Presidential Order pertaining to that Union G Territory. As discussed earlier, such inclusion or exclusion in the Presidential Order can be done only by the Parliament in the manner as indicated in Articles 341(2) and 342(2) of the Constitution of India. By no executive order, amendment, alteration or variance in the Presidential Order is permissible. H

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A Whether there can be PAN India reservation of SCs and STs to services under various Union Territories of India

45. Under Central Civil Services (Classification, Control and Appeal) Rules, 1965 [CCS(CCA) Rules, 1965], there are four categories of services namely:- B (i) Central Civil Services, Group A; (ii) Central Civil Services, Group B; (iii) Central Civil Services, Group C; and (iv) Central Civil Services, Group D C Central Civil Services – Group A:-

46. As per the Schedule to Central Civil Services (CCA) Rules, 1965, under Group ‘A’, there are forty five services inter alia like – (i) Archaeological Service (Serial No.1); (ii) Central Health Service (Serial No.5); (iii) Indian Defence Accounts Service (Serial No.11); (iv) Indian D Foreign Service (Serial No.12); (v) Indian Meteorological Service (Serial No.13); (vi) Indian Postal Service (Serial No.14); (vii) Indian Posts and Telegraphs Traffic Service (Serial No.15); (viii) Indian Revenue Service (Serial No.16); (ix) Indian Salt Service (Serial No.17); (x) Directorate General of Mines Safety (Serial No.19); (xi) Indian Telecommunication E Service (Serial No.22); (xii) Central Legal Service (Grades I,II, III and IV) (Serial No.25); (xiii) Delhi and Andaman and Nicobar Islands Civil Service, Grade I (DANICS) (Serial No.28); (xiv) Delhi and Andaman and Nicobar Islands Police Service, Grade II (DANIPS) (Serial No.29); (xv) Company Law Board Service (Serial No.38); (xvi) Labour Officers of the Central Pool (Serial No.39); and (xvii) Armed Forces Headquarters F Civil Services (Serial No.44).

47. By reading of the categories of services, the said services of Group ‘A’ are concerned only with the services of the Union of India and the appointment to Group ‘A’ services are made by the President. The Cadre Controlling Authority of Group ‘A’ services are the respective G ministries of the Government of India. Recruitment to Group ‘A’ services is made by the Union Public Service Commission (UPSC) and the recruitment is on all-India basis. So far as the recruitment to Group ‘A’ services is concerned, Union of India in its counter affidavit has stated as under:- H

BIR SINGH v. DELHI JAL BOARD & ORS. 593 [R. BANUMATHI, J.]

“a. ……… Recruitment to Group A services is made by the UPSC. A This recruitment is again on all India basis………… b. Whichever ministry seeks recruitment to the service in this Group sends requisition to UPSC as per procedure prescribed and UPSC accordingly advertises for the post in Group A. Every citizen of India is eligible to apply as per the qualifications and B requirements in the notification. c. DoPT is the nodal ministry for regulating the conditions of service of all Central Civil Services as per Allocation of Business Rules. As per the conditions of service, every employee is required to give an undertaking agreeing to the conditions of the all India transfer liability at the time of joining the service. C d. Central Civil Services employees belonging to Group A serve the Union of India and that is the reason why these services are across the length and breadth of the country, wherever there is an office of the Central Government. e. Member of the Group A service are governed by Central Civil D Services (Class, Control & Appeal) Rules, 1965 as well as Central Civil Services (Conduct) Rules, 1972 & Central Civil Services (Pension) Rules, 1972 and such other rules made by the central ministries.” 4 Central Civil Services – Group B:-

48. Under Rule 5, the Central Civil Services – Group ‘B’ are E specified in the Schedule and there are thirty-two such services mentioned. Some of the thirty-two services of Group ‘B’ and their appointing authorities are as under:- PART II - Central Civil Services, Group ‘B’ (Except for Civilians in Defence Services) F Description of service Appointing Description of service Appointing (2) Authority (2) Authority (3) (3)

Section Officer Grade of President Postal Director- the Central Secretariat Superintendents' General Posts Service excluding Section Service, Group 'B' G Officers with Group 'A' (Serial No.7) status. (Serial No.1) Postmasters' Service, Director-General Customs Preventive Collector of Group 'B' (Serial No.8) Posts Service, Group 'B'- Customs Chief Inspectors (Serial No.15) 4 H Para No. 6(i) of the Counter Affidavit filed by the Union of India at Pg. No.3-4

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A Botanical Survey of India, Chief Botanist, Income Tax Commissioner of Group 'B' (Serial No.18) Botanical Survey Service, Group 'B' Income Tax of India (Serial No.17) Geological Survey of India, Director-General Survey of India, Surveyor Group 'B' (Serial No.19) Geological, Group 'B' (Serial General of India B Survey of India No.20) Zoological Survey of India, Zoological Central Electrical Director General Group 'B' (Serial No.21) Survey of India Engineering (Works), Central Service Group 'B' Public Works (Serial No.22) Department Central Engineering Service, Indian Salt Service, Joint Secretary, Group 'B': (Serial No.24) Group 'B' (Serial Ministry of C No.26) Production

(i) Posts in the Ministry of Joint Secretary, Irrigation and Power.

Chairman, (ii) Posts in the Central Water Central Water D and Power Commission and Power Commission

Joint Secretary, (iii) Posts in the Chambal Ministry of Control Board Irrigation and Power E Commissioner (iv) Posts in the Farakka (Ganga Basin), Barrage Control Board Ministry of Irrigation and Power

F Commissioner (v) Posts in the Ganga (Ganga Basin), Discharge Circle Ministry of Irrigation and Power Delhi and Andaman and Joint Secretary, Delhi and Joint Secretary, Nicobar Islands Civil Ministry of Andaman and Ministry of G Service, Grade II. Home Affairs Nicobar Islands Home Affairs (DANICS) Police Service, (Serial No.28) Grade II. (DANIPS) (Serial No.29)

BIR SINGH v. DELHI JAL BOARD & ORS. 595 [R. BANUMATHI, J.]

A General Central Service, All Group 'B' Chief Controller of Group 'B'- (Serial No.32) posts of the Accounts or Joint (i) Post in any Ministry of Secretary in the Departmentalise Controller General Department of Government Ministry or d Accounts of Accounts in a of India, other than the post Department Offices of the Ministry or in respect of which specific Government of Department where provision has been made by a India. (Serial there is no Chief B general or special order of the No.33) Controller of President. Accounts In respect of posts (i-a) Posts outside a Ministry in an office under or Department of the control of a Government of India, other Head of C than the posts in respect of Department which specific provision has directly under the been made by a general or Government. special order of the president. -Head of the Department D In respect of other posts - Secretary in the Ministry or Department

(ii) Posts in Union Territories other than Delhi E Administration, the Administrator Andaman and Nicobar Islands and the Laccadive, Minicoy and Amindive Islands

F (iii)Delhi Administration- Chief Secretary All posts

(iv) The Andaman and Chief Nicobar Islands-All Posts Commissioner G (v) The Lakshadweep Administrator Administration-All Posts

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A Recruitment to Group ‘B’ services are conducted by the UPSC. The appointing authority to various Group ‘B’ services is the President of India/respective Ministries/respective Heads like Ministry of Home Affairs, Collector of Customs, Commissioner of Customs etc.

49. In Serial Nos. 28 and 29 of the Schedule, we have the Union B Territories Service known as Delhi, Andaman and Nicobar Islands, Lakshadweep, Daman & Diu and Dadra & Nagar Haveli Civil Services (DANICS) and Delhi, Andaman and Nicobar Islands, Lakshdweep, Daman & Diu and Dadra & Nagar Haveli Police Services (DANIPS). In the counter affidavit filed by the Union of India, it is stated as under:- “a. …….DANICS/DANIPS officers are posted in Delhi, Andaman C & Nicobar Islands, Lakshdweep, Daman & Diu and Dadra & Nagar Haveli. The recruitment to all the Union Territories for these Group B posts are common. They are also centralised and the appointing authority is none other than Ministry of Home Affairs, Government of India. The recruitment to these services D is the very same examination meant for the All India Services (IAS/IPS) on the one hand and the Central Civil Services Group A on the other. Any citizen of India is eligible to apply, subject to the conditions prescribed. As per service rules, transfer undertakings throughout the Union Territories covered under DANICS/DANIPS is taken from these officers. E b. This is the reason why the Union of India while inviting applications for recruitment considers all candidates, including reserved candidates on all India basis. Group B cadre of DANICS and DANIPS is the feeder cadre for IAS and IPS respectively. They retire invariably in these offices, some of them reaching high positions in the central government. c. As indicated above recruitment to the All India Services, CCS Group A as well as CCS Group B (Gazetted) is conducted through UPSC in the Civil Services Examination, the applicants are common when the applications are made, every aspirant seeks recruitment to the services and it is only as per the marks and ranking that allocations are made eventually to All India Services, Group A and Group B. Therefore, when UPSC undertakes the recruitment, it is naturally a PAN India recruitment and therefore it is necessary to seek applications including from reserved candidates from all over India.”5 H 5 Para No. 6(ii) of the Counter Affidavit filed by the Union of India at Pg. No.4-5

BIR SINGH v. DELHI JAL BOARD & ORS. 597 [R. BANUMATHI, J.]

Central Civil Services – Group C:- A

50. There are five services under Central Civil Services – Group ‘C’ under CCS (CCA) Rules. Some of the posts noted in Group ‘C’ and their appointing authorities are as under:- PART III - Central Civil Services, Group 'C' (Except for Civilians in Defence Services) B

Description of Appointin Description of service Appointing service g (2) Authority (2) Authority (3) (3)

Central Secretariat Deputy General Central Service, C Clerical Service, Secretary Group ‘C’ (Serial No.4) Upper Division or and Lower Director, (i) Posts in the Division Grade Cadre Ministry/Department of Deputy Secretary (Serial No.1) Authority Government other than or Director in the the posts in respect of Ministry/Departm which specific provision ent of Government D has been made by a general or special order of the President

(ii) Posts in non-Secretariat Head of Office Office other than posts in respect of which specific E provision has been made by a general or special Head of Office of order of the President such other authority as may (iii) Posts in Union be specified by Territories the Administrator. F

(iv) All Group ‘C’ posts of the Controller of Departmentalized Accounts or Accounts Office of the Deputy Controller Government of India General of Accounts in a G Ministry or Department where there is no Controller of Accounts.

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A Insofar as Group ‘C’ services of Union of India are concerned, they are recruited by the Staff Selection Commission (SSC) which is the recruiting agency under DoPT. Members of these services get promoted to CCS – Group ‘B’. In the counter affidavit filed by the Union of India, it is stated as under:- B “a. ……Recruitment to posts in Group C arise out of requisition made by the concerned ministries all over India. These requisitions upon reaching the Staff Selection Commission are processed and selection takes place and appointments are made. Even from these appointees undertaking for all India C transfer liability is taken. As these are posts under Central Government and these employees are liable to be transferred anywhere in the country and the recruitment being centralised for all such posts in the country, it had been consistent policy of the Union of India to have PAN India eligibility. D b. The posts in CCS Group C are in the subordinate services. The equivalent in the Union Territory of Delhi is the Delhi Administrative Subordinate Services (DASS) and the recruiting agency in the place of Staff Selection Commission is the Delhi Subordinate Service Selection Board (DSSSB). E Members of Delhi Administrative Subordinate Services are the feeder cadre for Central Civil Services Group B (DANICS). It is for these reasons that the policy is consistently adopted.”6

F Central Civil Services – Group D:-

51. Class IV employees now referred to as Multi-Tasking Staff (MTS) come under this category. Some of the posts noted in Group ‘D’ and their appointing authorities are as under:- G

6 Para No. 6(iii) of the Counter Affidavit filed by the Union of India at Pg. No.5-6

BIR SINGH v. DELHI JAL BOARD & ORS. 599 [R. BANUMATHI, J.]

P A R T IV - C e n t r al C ivil S e r vic e s, G r o u p 'D ' A ( Ex c e pt f or ivilia n s in D e fe n ce S e r vic e s)

D e sc r ip tion o f se r vi ce Ap po int ing (2 ) A u tho rit y ( 3)

G e n e r a l C e n t ra l S e r vic e , G ro up ‘ D ’ ( S e r ial N o. 1 ) B ( i) P ost s i n M i nistr ie s or ep a rt m e nts o f U n de r S ec r e ta ry Go v e r n m e nt o th er th a n p osts in r e sp e ct of w h ich s pe c if ic pr o visio n ha s be e n m a d e by a g e ne r a l o r sp e c ia l o r de r o f th e P re si de nt.

( ii) P ost s in n o n -S e c r et ar ia t O f f ic es o the r H e a d o f O f fic e C tha n p o sts in r e sp e ct o f w hic h spe c if ic pr o v isio n ha s be e n m a de b y a ge n e ra l o r spe c ia l or de r of the P re si de nt.

( iii) Po st s in Un ion T e r r ito r ie s H e ad o f O f fic e o r su c h o th er au t h or it y as m a y be sp e c ifie d by the A d m i ni str a t or D ( iv ) Al l G r ou p ‘D’ po sts of th e D e pu ty C on tr olle r of De p a rtm e nta liz e d Ac c o un ts O f fic e s o f A c c ou nts or A ssis ta nt the G ov er n m e nt o f I nd ia C ont ro lle r G e n er a l of A c c ou nts in a M inistr y or D e pa r tm e n t w h er e th er e is no D e p uty C o ntr oll er o f A c c ou nts . E

52. As pointed out earlier, there is centralised recruitment conducted by UPSC for the Central Civil Services in Group ‘A’ and Group ‘B’. For this centralised recruitment, applications are invited from candidates across the country and Scheduled Castes/Scheduled Tribes of all the States/Union Territories are entitled to apply for the reserved posts. Recruitment to various posts in Group ‘A’ and Group ‘B’ (Gazetted) F categories for services in States/Union Territories are presently filled only through UPSC by centralised recruitment. After recruitment, the Group ‘A’ and Group ‘B’ officers are posted across the country wherever there are offices of Central Government. 53.Services mentioned at Serial No.28 that is G Delhi and Andaman and Nicobar Islands Civil Service, Grade-II(DANICS) are Group ‘B’ civil services. DANICS officers are posted at Delhi, Andaman and Nicobar Islands, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli. DANICS - Group ‘B’ civil service officers are directly recruited through the Central Civil Services examination conducted by UPSC. Since DANICS is a centralised H