IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) No. 273 of 2010 Dr. Khilendra Singh S/o late Mahendra Singh, Krishi Vigyan Kendra, Sinduri Bas Khola, Kafli Gair, Bageshwar. …………. Petitioner Versus 1. Union of India through Secretary, Ministry of Agriculture, Krishi Bhawan, New Delhi. 2. Director, Vivekanand Parvatiya Krishi Anusandhan Sansthan, Almora, 3. Assistant Administrative Officer, Vivekanand Parvatiya Krishi Anusandhan Kendra, Almora. .…...……. Respondents Present: Mr. Manoj Tiwari, Senior Advocate with Mr. Bhagwat Mehra, Advocate for the petitioner. Mr. V.B.S. Negi, Asstt. Solicitor General and Mr. S.K. Mishra, Advocate for the respondents. Coram : Hon’ble Barin Ghosh, Chief Justice Hon’ble V. K. Bist, Judge Date of Decision : 24.02. 2011 Barin Ghosh, C. J. (Oral) Vivekananda Parvatiya Krishi Anusandhan Sansthan is a Government of India undertaking. This undertaking is situated within the State of Uttarakhand. Petitioner was a resident of Uttar Pradesh. He belonged to Jaat community. In accordance with the power granted by Article 16 of the Constitution of India, the State of Uttar Pradesh made appropriate laws and thereby provided reservation for Jaat community under the category of Other Backward Class. Petitioner was recognized by a competent authority of the State of Uttar Pradesh that he being a member of Jaat community of the said State is entitled in accordance with the law made by the State to the reservation earmarked for Other Backward Class community. 2 2. Vivekananda Parvatiya Krishi Anusandhan Sansthan issued an advertisement for filling up certain posts and while doing so, indicated that there are vacancies available for candidates belonging to Other Backward Class community. Petitioner responded to the said advertisement. He was selected and then appointed in a post, which was reserved for Other Backward Class community. Subsequent thereto, Vivekananda Parvatiya Krishi Anusandhan Sansthan held out to the petitioner that in the list of Backward Class communities maintained by the Central Government, Jaat community has not been shown as belonging to Other Backward Class community and, accordingly, petitioner could not be appointed in a post available with Vivekananda Parvatiya Krishi Anusandhan Sansthan reserved for candidates belonging to Other Backward Class community. This has resulted in filing of the present writ petition. 3. Petitioner contends that termination of his service on that ground is not permissible, inasmuch as, the fact remains that in terms of the law made by the State of Uttar Pradesh, a member State of the federal structure, it has been recognized that Jaat community belongs to Other Backward Class communities. In so far as the Vivekananda Parvatiya Krishi Anusandhan Sansthan and the Union of India are concerned, their stand is that under Article 340 of the Constitution of India, a Backward Class Commission has been appointed and the said Commission has, from time to time, made recommendations to the Central Government as to which community can be treated as Backward Class community and accepting such recommendations, the Central Government has prepared a list of Backward Class communities. It has been stated that the Central Government and Central Government organizations, in the matter of appointments to posts held in the Central Government and Central Government organizations consider only those candidates who belonged to such communities which find their place in the said list. 3 4. As aforesaid, Vivekananda Parvatiya Krishi Anusandhan Sansthan, an authority of the Central Government, is situated within the local territories of the State of Uttarakhand. In exercise of power granted by Article 16 of the Constitution of India, the State of Uttarakhand has also made appropriate laws for the purpose of identifying Backward Class communities and for providing reservation to members belonging to such communities. In the law thus made, the State of Uttarakhand has determined that Jaat community of the State belongs to Backward Class community who are entitled to reservation in respect of all and every public appointment in the State, be that of the State Government or of the Central Government. 5. In terms of the laws made by the State of Uttar Pradesh and the State of Uttarakhand, members of such communities, who have been declared thereby as Backward Class communities, are entitled to benefit of reservations made by such laws in public appointments, both of State Government and of the Central Government having their establishments in the respective States but not beyond. 6. Therefore, despite the State of Uttarakhand having had declared Jaat community as a Backward Class community and that members belonging to the said community are entitled to reservation in public appointments, both of State Government and of Central Government, in the State of Uttarakhand, but inasmuch as, the petitioner, a member of the Jaat community, is from the State of Uttar Pradesh, he is not entitled to the reservation made for Jaat community by the State of Uttarakhand in public appointments available in the State of Uttarakhand. We are, accordingly, not in a position to interfere with the order passed by Vivekananda Parvatiya Krishi Anusandhan Sansthan holding out that the petitioner was not entitled to be treated as belonging to Other Backward Class community. 4 7. However, the reason furnished therefor by Vivekananda Parvatiya Krishi Anusandhan Sansthan is not acceptable. Learned counsel appearing on behalf of Vivekananda Parvatiya Krishi Anusandhan Sansthan as well as Union of India, namely, the Assistant Solicitor General has not been able to bring to our notice any law made by the Central Government, either legislative or administrative, in exercise of power under Article 16 of the Constitution of India and, accordingly, the Union of India or Vivekananda Parvatiya Krishi Anusandhan Sansthan keeping and maintaining a list for the purpose of determining, which community is backward, is of no consequence at all. In so far as Central Government employments to posts available in the State of Uttarakhand are concerned, in view of the law made by the State of Uttarakhand, Vivekananda Parvatiya Krishi Anusandhan Sansthan as well as Union of India are legally bound to give reservation in the posts available at their hand to members belonging to the Backward Class communities declared by law made by the State of Uttarakhand, and also, to the extent of reservation indicated by law made by the State of Uttarakhand in that regard. 8. With the observations as above and hoping that until a law is made by the Union of India, the Union of India and Vivekananda Parvatiya Krishi Anusandhan Sansthan will ensure that the reservation policy and the extent of reservation indicated in the law made by the State of Uttarakhand is honoured in relation to any appointment to be given by them in any post available in the State of Uttarakhand, we close the matter. 9. This disposes of the writ petition. ( V.K. Bist, J. ) ( Barin Ghosh, C.J.) 24.02.2011 P. Singh