BIR SINGH versus DELHI JAL BOARD & ORS.
[2018] 10 S.C.R. 513, Supreme Court of India, 2018
Outcome: Reference answered
Segment: Ratio
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[2018] 10 S.C.R.
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:-
“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
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.
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).
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
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:-
6 Para No. 6(iii) of the Counter Affidavit filed by the Union of India at Pg. No.5-6
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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)
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
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
         P A R T  IV  - C e ntral C ivil S ervices, Gro u p 'D '
      (Ex cept for C ivilian s in D efen ce Services) 
D escrip tion  o f servi ce 
(2 ) 
Ap po int ing  
A u tho rit y 
(3) 
G eneral Cent ral Se rvice, G ro up  ‘D ’  (Ser ial
N o.1 ) 
(i)
Post s i n Mi nistries or D ep art m ents  o f 
Go vernm ent o th er th an p osts  in resp ect 
of w h ich  s
pecific pro visio n has bee n 
made by  a g enera l o r sp ec ial o rder o f th e 
Pre si de nt. 
(ii) Post s in  n on -Se cret ariat O ffic es  o the r 
than  p osts  in  resp ect  o f w hich  spe cific 
prov isio n has  bee n m ade b y a gen e ral o r 
spe cial order of the Presi dent. 
(iii) Po sts in Un ion T errito ries 
(iv) Al l 
G rou p 
‘D ’ 
po sts 
of 
th e 
De p artm entalized Ac co un ts O ffice s o f 
the G ov ern m ent  o f Ind ia 
U n der S ecretary  
H e ad o f O ffice  
H ead  o f O ffic e o r  suc h 
o th er  authority as  m a y 
be  
specified 
by 
the  
A d m i ni str a tor  
D e pu ty 
C on troller 
of 
A c cou nts  
or 
A ssis ta nt 
C ont ro ller 
G en eral 
of 
A c cou nts  in  a M inistry  or 
D e partmen t w h ere th ere  
is  no  D ep uty  Co ntroll er 
o f A c cou nts .
BIR SINGH  v. DELHI JAL BOARD & ORS.
[R. BANUMATHI, J.]
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SUPREME COURT REPORTS
[2018] 10 S.C.R.
recruitment conducted through UPSC naturally applications are invited
from the candidates across the country including reserved candidates of
Scheduled Castes/Scheduled Tribes.
54. Delhi, Andaman and Nicobar Islands Police Services
(DANIPS) are recruited directly through centralised civil services
examination conducted by UPSC. DANIPS are posted at Delhi and
other Union Territories – Andaman and Nicobar Islands, Lakshadweep
Islands, Daman and Diu and Dadar and Nagar Haveli. The cadre strength
is controlled by the Ministry of Home Affairs, Government of India.
Two-thirds of DANIPS are filled by direct recruitment and remaining
are promoted from non-gazetted police officers of Union Territory of
Delhi and other Union Territories.  Since, DANIPS officers are recruited
through a centralised recruitment conducted through UPSC, applications
are invited from candidates from across the country including reserved
candidates of Scheduled Castes and Scheduled Tribes of all the States
and Union Territories. Thus, up to Group ‘B’ (Gazetted) of Central Civil
Services including the Group ‘B’ (Gazetted) services of Union Territories,
there is Centralised Civil Services Examination conducted by UPSC
with PAN INDIA reservation.
55. Serial No.32, Group ‘B’ of CCS (CCA) Rules refers to General
Central Services.  At the risk of repetition, we may usefully refer to
Serial No.32 which reads as under:-
Serial 
N o. 
32 
General C entral
Service, Gro up 'B'-
(i) Post in a ny  Ministry o f Departm ent of 
Go vernment o f India, other than the post 
in respect o f which specific provisio n has 
been made by a general or special order 
o f the President. 
(i-a) 
Posts 
outside 
a  
M inistry 
or 
D epartment of Governm ent  of India, 
o the r tha n t he posts in respect of w hich 
specific provisio n has been made by a 
g ener al or specia l order o f the president. 
(ii) Posts in U nio n Territories other than 
D elhi A dministration, the Andaman and 
N icobar 
Islands 
and 
the 
Lacca div e, 
M inicoy and A mindive Islands 
(iii) Delhi Administration-A ll posts 
(iv) The Anda man and Nicobar Islands-
A ll Po sts 
(v) The Lakshadw eep Ad ministra tion-All 
P osts 
Secretary  in the M inistry  or 
D epartment 
In respect of posts in an office 
under the control of a  Head o f 
D epartment directly under the 
Go vernment. 
-Head of the Department 
In respect of other post s - 
Secretary  in the M inistry  or 
D epartment 
A dministr ator 
C hief Secretary 
C hief C om missio ner 
A dministr ator
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As seen from the above, Serial No.32(i) and (i-a) relates to the
posts under the Government of India for which the appointing authority
is the Secretary in the Ministry or Department/Head of the Department
respectively.  Serial No.32 (ii) of Central Civil Services (CCA) Rules,
1965 relates to “Posts in Union Territories other than Delhi
Administration, the Andaman and Nicobar Islands and the
Laccadive, Minicoy and Amindive Islands”. The appointing authority
is shown to be the ‘Administrator’. Serial No.32 (iii) to (v) relate to ‘All
posts’ in Delhi administration, Andaman and Nicobar Islands and the
Lakshadweep administration respectively. Serial No.32(ii) posts in the
Union Territories (other than Delhi Administration, the Andaman &
Nicobar Islands and the Laacadive, Minicoy and Amindive Islands) Group
‘B’ (Gazetted) posts for which recruitment is conducted by UPSC. Since
there is centralised recruitment conducted by UPSC for Group ‘B’
(Gazetted), naturally applications are invited from the candidates across
the country including reserved candidates of Scheduled Castes/Schedules
Tribes from all the States/Union Territories. Up to the level of Group ‘B’
(Gazetted) of Central Civil Services, since there is centralised recruitment
for which there is PAN INDIA reservation of Scheduled Castes and
Scheduled Tribes, Scheduled Castes/Scheduled Tribes from any State/
Union Territory are entitled to apply for the reserved posts for Group
‘B’ examinations conducted
by UPSC.
56. When it comes to services under Union Territories, there are
so many other services like teaching, clerical cadre, police services,
Medical Officers, Health Services, Stenographers, Typists, services under
the Revenue department, services under public-sector undertakings,
services under the municipalities and the corporations in the Union
Territories and various other services which are concerned with the
administration of Union Territories. These services under the Union
Territories would fall under Group ‘B’, Group ‘C’ and Group ‘D’ and
their recruitment is within the exclusive domain of the respective Union
Territories.  Though the government servants under the Union Territories
are governed by Central Civil Services Rules, the services under the
Union Territories are essentially different from All India Services.  For
recruitment to services under respective Union Territories, there are
different modes of recruitment for the different Union Territories.
BIR SINGH  v. DELHI JAL BOARD & ORS.
[R. BANUMATHI, J.]
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[2018] 10 S.C.R.
57. This Court posed the question whether there is other category
of employees in UT administration and what is the practice followed for
recruitment. In response to the question, Union of India, on instructions,
filed the following response:-
For the above response that there is PAN India reservation of the
reserved candidates for recruitment by Union Territories of Chandigarh,
Dadra and Nagar Haveli and NCT of Delhi, no authenticated documents
were produced to substantiate the same.  When there are Presidential
Orders notifying the Scheduled Castes/Scheduled Tribes for Union
Territories of Chandigarh, Dadra and Nagar Haveli, calling for application
from the Scheduled Castes/Scheduled Tribes candidates from all over
India for the reserved posts of services under various Union Territories,
be it Group ‘B’ or Group ‘C’, is not in accordance with the constitutional
scheme.
SCOPE OF SC/ST RESERVATION IN UTs
1.
Pu ducherry 
: 
Reserved posts confined to local 
reserved candidates. 
2.
Chandigarh
: 
Reserved 
posts 
filled 
up 
by 
candidates from all India. 
3.
Daman & Diu
: 
Reserved posts confined to local 
reserved candidates for Group C 
posts. For Group B it is opened to 
candidates from all India but local 
candidates get additional 20 marks. 
4.
Dadra 
& 
Nagar Haveli
: 
Reserved posts confined to local 
reserved candidates for Group C 
posts. For Group B it is opened to 
candidates from all India but local
candidates get additional 20 marks. 
5.
Lakshadweep 
: 
Reserved posts confined to local 
reserved candidates. 
6.
A & N Islands
: 
For Group C posts locally reserved. 
7.
NCT of Delhi
: 
Reserved 
posts 
filled 
up 
by 
candidates from all India.
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58. For Group ‘B’ and Group ‘C’ posts falling within the services
of the Union Territories, recruitment is made by the Staff Selection Board
of respective Union Territories.  For instance, let me refer to the Staff
Selection Board of UT Administration of Daman and Diu whose home
page reads as under:-
“In exercise of the powers conferred by the provision of Article
239 of the Constitution of India, the Administrator of Daman &
Diu is pleased to make following rules to regulate the method of
recruitment to all Group ‘B’ and ‘C’ categories of posts under the
Administration of Daman & Diu.
It aims to “ensure a uniform and transparent process and
procedures for recruitment of all Group ‘B’ and ‘C’ categories of
posts under the Administration of Daman and Diu through an
autonomous body, without disturbing the existing recruitment
processes and procedures and for ensuring that cumulative
outcome of the recruitment is to provide just and fair opportunities
to all the candidates and for matters connected therewith or
incidental thereto7.”
59. In response to the question posed by the court, Union of India
filed response affidavit stating that in Union Territories Daman and Diu
and Dadra and Nagar Haveli, for Group ‘B’, it is opened to candidates
from all over India.   Local candidates with domicile certificate get
additional twenty per cent marks.  Response filed by the Union of India
that there is PAN India reservation for Group ‘B’ services of Daman
and Diu and
Dadra and Nagar Haveli, no authenticated documents/format
of any application for Group ‘B’ posts conducted by Daman and Diu
was produced before us.  Even assuming that there is such PAN India
reservation for recruitment of Group ‘B’ conducted by the Union Territory
of Daman and Diu, when there are Scheduled Castes/Scheduled Tribes
as notified in the Presidential Order (Reorganisation Act, 1987 in respect
of SCs/STs), there cannot be PAN India reservation as it is not in
accordance with the constitutional scheme.
60. Pointing out that services in the Union Territories are different
from All India Services and that the mode of recruitment are also different,
in para (29) of Subhash Chandra and another v. Delhi Subordinate
Service Selection Board and others (2009) 15 SCC 458, it was held as
under:-
7 https://daman.nic.in/staff-selection-board-daman-diu.aspx#downloads (27.06.2018)
BIR SINGH  v. DELHI JAL BOARD & ORS.
[R. BANUMATHI, J.]
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“29. Concededly, in respect of education or service, there exists
a distinction between State Services and State-run institutions
including the Union Territory Services and Union Territory-run
institutions on the one hand, and the Central Civil Services and
the institutions run by the Central Government on the other.
Whereas in the case of the former, the reservation whether for
admission or appointment in an institution and employment or
appointment in the services or posts in a State or Union Territory
must confine to the members of the Scheduled Castes and
Scheduled Tribes as notified in the Presidential Orders but in
respect of All India Services, Central Civil Services or admission
to an institution run and founded by the Central Government, the
members of the Scheduled Castes and Scheduled Tribes and other
reserved category candidates irrespective of their State for which
they have been notified are entitled to the benefits thereof. It is
not denied or disputed that services in the Union Territory is
essentially different from All India Services. It is also beyond any
controversy that machinery for recruitment is also different.
Indisputably again, not only the conditions of recruitment but also
conditions of service differ.”
I am in full agreement with the view taken by Justice Sinha in
Subhash Chandra case.
61. Rule 3 of Delhi Administration Subordinate Services
(DASS) Rules, 1967 deals with constitution of
services and its
classification in Delhi Administration.  As per Rule 3(3) of DASS Rules,
the post in Grade-I, Class-II Group ‘B’ (Gazetted) and those in Grades
II, III and IV shall be Central Civil Services Posts.  But as noted earlier,
as per Serial No.32 – General Central Service, Group ‘B’, insofar
as Delhi Administration – All Posts (Serial No. 32 (iii)), the
Appointing Authority is the Chief Secretary.  The subordinate
services in the National Capital Territory of Delhi though “Central Civil
Services”, they are neither All India Services nor services under Union
of India so as to attract Pan India Reservation.
62. Even in the counter affidavit filed by the Union of India, by
referring to Group ‘C’ services, it is stated that CCS – Group ‘C’ are in
the subordinate services and there are equivalent services in the Union
Territory of Delhi.  For recruitment of other employees in the Union
Territory of Delhi, there is Delhi Administrative Subordinate Services
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(DASS) and the recruiting agency is Delhi Subordinate Staff Selection
Board (DSSSB).  Members of Delhi Administrative Subordinate Services
are stated to be the feeder cadre for Central Civil Services – Group ‘B’
(DANICS).31  Merely because members of Delhi Administrative
Subordinate Services are the feeder category for DANICS, PAN India
reservation cannot be extended to Delhi Subordinate Services or to
services under various Union Territories.  Likewise, merely because,
DANICS and DANIPS (Serial Nos. 28 and 29 of Group ‘B’ Services)
are the feeder category for IAS and IPS, it cannot be said that the Pan
India Reservation is applicable to services under National Capital Territory
of Delhi.
63. So far as Group ‘B’ and Group ‘C’ posts falling under the
services of the Union Territories, recruitment is done by the respective
Staff Selection Board of respective Union Territories.   Serial No.4 (iii)
– ‘Posts in Union Territories’ of Group ‘C’ in CCS (CCA) Rules
is shown and the appointing authority is stated as Head of the Office of
such other authority as may be specified by the Administrator.
Merely because the posts in the Union Territories and the appointing
authority are shown in Group ‘C’ in CCS (CCA) Rules, that does not
mean that those Group ‘C’ and Group ‘D’ posts are available for the
Scheduled Castes and Scheduled Tribes of all the States/Union Territories.
For recruitment of Group ‘B’ and Group ‘C’ posts of services under the
respective Union
Territories, since the examination is conducted by the
respective Union Territories like Delhi Subordinate Staff Selection Board
and other Union Territories Staff Selection Boards of respective Union
Territories, reservation of posts of Scheduled Castes/Scheduled Tribes
must be confined only to those Scheduled Castes/Scheduled Tribes as
notified in the Presidential Order of the respective Union Territories.
For recruitment of Group ‘B’ and Group ‘C’ posts under various Union
Territories including Union Territory of Delhi, there cannot be PAN
INDIA reservation of Scheduled Castes/Scheduled Tribes, lest, it would
defeat the very object of the Presidential Orders issued specifying the
Scheduled Castes/Scheduled Tribes for respective Union Territories.
64. As pointed out earlier, services under the Union Territories
though they are Central Government services, they are services under
the respective Union Territories and not under the direct control of Union
of India/different Ministries.  Procedure for recruitment to the various
posts for the services of Union Territories are different as followed by
BIR SINGH  v. DELHI JAL BOARD & ORS.
[R. BANUMATHI, J.]
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[2018] 10 S.C.R.
respective Union Territories.  The persons appointed for the services of
Union Territories might be governed by CCS (CCA) Rules; but they are
employees of respective Union Territories.  The appointing authorities
are the authorities under the administration of Union Territories and not
under the Ministries of Union of India.  Central Civil Services are the
services directly under Union of India.  Contrarily, various services under
the Union Territories are the services under the respective Union
Territories.  Such services under Union Territories cannot be said to be
Central Civil Services that is services under Union of India to extend the
benefit of PAN India reservation for recruitment to the services under
respective Union Territories including Union Territory of Delhi.
65. In exercise of the powers conferred by clause (1) of Article
341, the President issued the Constitution (Scheduled Castes) Union
Territories Order, 1951 in the Presidential Order specifying Scheduled
Castes in relation to Delhi and the thirty-six castes/groups notified are
as under:-
Part 1 – Delhi 
Throughout the Union Territory 
1.
Adi Dharmi 
19.
Kachhandha 
2.
Agria
20.
Kanjar or Giarah
3.
Aheria 
21.
Khatik 
4.
Balal 
22.
Koli 
5.
Banjara
23.
Lalbegi   
6.
Bawaria 
24.
Madri 
7.
Bazigar
25.
Mallah
8.
Bhangi 
26.
Mazhabi 
9.
Bhil 
27.
Meghwal 
10.
Chamar, l Chanwan 
Chmanr, 
Jatya 
or 
Jatav Chamar, Mochi 
Ramadasia, Ravidasi, 
Reghgrh or
Raigharh 
28.
Naribut 
11.
Chohra (Sweeper) 
29.
Nat (Rana), Badi 
12.
Chuhra (Balmiki)
30.
Pasi  
13.
Dhanak or Dhanuk    
31.
Perna   
14.
Dhobi 
32.
Sansi or Bhedkut    
15.
Dom
33.
Sapera
16.
Gharrami 
34.
Sikligar 
17.
Julaha (W eaver)     
35.
Singiwala or Kalbelila  
18.
Karbirpanthi
36.
Sirkiband
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B
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In relation to Delhi, there are thirty-six castes notified as Scheduled
Castes in the Presidential Order.  The members of the Scheduled Castes
in Delhi are drawn from castes, races and by virtue of the Presidential
Order pertaining to Delhi, they attain the status of the Scheduled Caste.
In view of the Presidential Order issued for the Scheduled Castes to
Delhi, only those Scheduled Castes can claim the benefit of reservation
in the employment under the Union Territory of Delhi who are notified in
the Presidential Order.  Neither the Delhi Government nor the court can
add any caste or group to the list of Scheduled Castes notified in the
Presidential Order. Once a Presidential Order has been issued under
Article 341(1) of the Constitution, any addition or deletion to the
Presidential Order can only be made by the Parliament by law as provided
under Article 341(2) and in no other manner.  Merely because, Delhi
Subordinate Services is a feeder category for DANICS, there cannot
be Pan India Reservation of the SCs and STs for the services under
Group ‘C’ and ‘D’ categories, for which recruitment are made by the
Delhi Subordinate Staff Selection Board (DSSSB).
66. Likewise, the Presidential Order has notified the following
Scheduled Castes for the Union Territory of Chandigarh, Daman and
Diu, Puducherry and Dadra and Nagar Haveli:-
Part II – Chandigarh 
1.
Adi Dharmi
19.
Khatik
2. 
Bangali 
20. 
Kori or Koli 
3. 
Barar, Burar or Berar 
21. 
Marjia or Marecha
4.
Batwal, Barwala
22.
Mazhabi
5. 
Bauria or Bawaria 
23. 
Megh 
6. 
Bazigar 
24. 
Nat 
7.
Balmiki, Chura or 
Bhangi 
25.
Od
8.
Bhanjra
26.
Pasi
9. 
Chamar, 
Jatia 
Chamar, Rehgar, 
Raigar, 
Ramdasi 
or Ravidasi 
27. 
Perna 
10.
Chanal 
28. 
Pherera 
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[R. BANUMATHI, J.]

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11.
Dagi 
29. 
Sanhai 
12.
Darain
30.
Sanhal
13.
Dhanak 
31. 
Sansoi 
14.
Dhogri, Dhangri or 
Siggi 
32. 
Sansi, 
Bhedkut 
or 
Manesh 
15.
Dumna, Mahasha or 
Doom 
33.
Sapela
16.
Gagra
34.
Sarera
17.
Gandhila or Gnadil 
Gondola 
35. 
Sikligar 
18.
Kabirpanthi or Julaha
36.
Sirkiband
   P ART III – Daman and Diu 
1.
Bhangi (Hadi) 
4.
Mahyavanshi 
(Vankar) 
2.
Chambhar, Mochi
5.
Mang
3.
Mahar

The Schedule - Puducherry 
1.
Adi Andhra
9.
Pallan
 2.
Adi Dravida 
10.
Parayan, Sambavar 
 3.
Chakkiliyan 
11.
Samban 
4.
Jambuvulu
12.
Thoti
 5.
Kuravan 
13.
Valluvan 
6.
Madiga
14.
Vetan
 7.
Mala, Mala 
Masti 
15.
Vetriyan 
8.
Paky
16.
Puthirai Vannan
The Schedule – Dadra and Nagar Haveli 
1.
Bhangi 
3.
Mahar 
2.
Chamar
4.
Mahayavanshi
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67. Let me take the case of Andaman & Nicobar Islands.  The
Constitution (Andaman and Nicobar Islands) Scheduled Tribes Order,
1959 has notified the following tribes or tribal communities who have
been included in the Schedule for the Andaman & Nicobar Islands:-
When Andaman & Nicobar Islands is recruiting persons to the
services of Group ‘B’, ‘C’ and ‘D’ under its administration, it has to
necessarily follow the policy of recruiting members from amongst the
Scheduled Tribes who are notified as Scheduled Tribes in the Presidential
Notification for Andaman and Nicobar Islands.  It will not be appropriate
to extend the benefit of reservation to the SCs and STs from other States/
Union Territories, lest it would deprive the notified Scheduled Tribes of
the Andaman and Nicobar Islands.
68. It may be that the candidates recruited by the respective Union
Territories for Group ‘B’ and Group ‘C’ may become the feeder
categories for further promotion in Group ‘A’ and Group ‘B’ of All India
Services respectively in the Central Civil Services.  The fact that the
candidates who are recruited by the respective Union Territories become
the feeder categories for further promotion in the Central Civil Services
is not a ground for extending the benefit of all India reservation to the
Scheduled Castes/Scheduled Tribes for the reserved posts in the
respective Union Territories.  Be it noted that the candidates recruited
by the various State Governments under Group ‘A’ of
respective State
services become the feeder category for IAS and IPS.   The persons
recruited for Group ‘B’ and Group ‘C’ by the respective Union Territories
stand on the same footing as that of the candidates so recruited by the
various States where only the Scheduled Castes/Scheduled Tribes of
the respective States can apply.
The Schedule 
1.
The 
Andamanese 
(including 
Chariar 
or 
Chari, Kora, Tabo or Bo, 
Yere, Kede, Bea Balawa, 
Bojigiyab, Juwai and Kol 
4.
Sentinelese 
2.
Jarawas
5.
The Nicoberese
3.
Onges 
6.
The Shompens 
BIR SINGH  v. DELHI JAL BOARD & ORS.
[R. BANUMATHI, J.]
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69. A letter dated 10.05.2013 by Special Secretary (Services)
addressed to all the Secretaries/Heads of Departments of NCT of Delhi
has been filed by the Union of India.  The letter relates to the subject
“Reservation policy to be followed with regard to SCs/STs in civil
posts under GNCTD”.  The said letter refers to the judgment in Pushpa’s
case and states that the Ministry of Law and Justice has opined that the
law declared by the Supreme Court in Pushpa’s case applies to the
NCT of Delhi and that Pushpa’s case cannot be ignored.  Relevant
portion of the said letter reads as under:-
      “GOVERNMENT OF NATIONAL CAPITAL
TERRITORY OF DELHI
  (SERVICES DEPARTMENT BRANCH-IV)
  7TH LEVEL, B-WING, DELHI SECRETARIAT,
I.P. ESTATE, NEW DELHI – 110002
No. F. 19(6)/2012/S-IV/883
                Dated: 10-05-2013
……
The Government of National Capital Territory of Delhi follows
the guidelines and instructions issued by the Government of India
from time to time in matters regarding reservation to Scheduled
Castes and Scheduled Tribes in recruitment to various civil posts
in Government of Delhi.
Ministry of Home Affairs, Govt. of India, in the context of order
dated 11.02.2005 of Hon’ble Supreme Court of India in case titled
S. Pushpa & Ors. Vs. Sivachanmugavelu & Ors. stated vide
their letter dated 01.06.2005 that the matter has been examined in
consultation with the Ministry of Law & Justice (Department of
Legal Affairs).
That the Ministry had opined that the law
declared by the Supreme Court of India cited above, applies
to the National Capital Territory of Delhi. This was
accordingly conveyed to the departments vide this
department’s letter No.F.16(73)/97-S-III/710 dated
30.06.2005, stating that all the Scheduled Castes/Scheduled
Tribe candidates irrespective of their nativity, are eligible
for reservation to the civil posts under Govt. of NCT of
Delhi, which are reserved for SC/ST candidates and
appropriate action for recruitment may be taken accordingly.
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   Subsequently, in view of order dated 04.08.2009 of Hon’ble
Supreme Court in the matter of Sarv Rural & Urban Welfare
Society vs. Union of India & Ors. and of the Hon’ble High Court
dated 12.09.2012 in WP(C) No.5390/2010 under consideration in
the Ministry of Home Affairs, Govt. of India.
    Now, Ministry of Home Affairs, Govt. of India, vide its letter
No.14012/09/2012-Delhi-I dated 03.04.2013 has informed that the
subject matter has been re-examined in consultation with Ministry
of Law & Justice.  In this matter Learned Attorney General for
India has given his opinion dated 18.02.2013 (copy enclosed), which
is self-explanatory and has been approved by the Hon’ble Minister
of Law & Justice, Govt. of India.  The opinion, inter alia, states
that having regard to the order in the State of Uttaranchal’s
case, till this issue is resolved by a larger bench, the decision
in S. Pushpa case cannot be ignored.  Ministry of Home Affairs
has conveyed that it has been decided to proceed according to
this opinion.
Copy of above mentioned letter of the Ministry of Home Affairs
is circulated for information & necessary action accordingly.
         Yours faithfully,
                (Kailash Chandra)
       Spl. Secretary (Services)
    Dated: 10-05-2013
…..”
70. PAN India reservation probably is followed by NCT of Delhi
in its recruitment based on the above letter dated 10.05.2013.  Since I
have taken the view that the decision in Pushpa’s case is not a correct
decision extending PAN India reservation for the reserved posts recruited
by NCT of Delhi or any other Union Territories is against the Presidential
Orders issued under Articles 341 and 342 of the Constitution of India
and against the constitutional scheme.
71. As discussed earlier in para (8), in case of Union Territories,
though administrative control to certain extent is exercised by the Union
of India, Union Territories do not lose their identity as an entity.  The
existing practice of PAN INDIA reservation followed in Delhi and
BIR SINGH  v. DELHI JAL BOARD & ORS.
[R. BANUMATHI, J.]
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SUPREME COURT REPORTS
[2018] 10 S.C.R.
Chandigarh is against the constitutional scheme and also against the
executive instructions dated 06.08.1984 and 22.02.1985 issued by the
Ministry of Home Affairs.
72. As pointed our earlier, the Ministry of Home Affairs in its
circular dated 06.08.1984 addressed to all the State Governments and
Union Territories administration stated that SCs and STs on migration
from the State of his origin to other State will not loose his status as SCs/
STs; but will be entitled to the concession/benefits to the SCs/STs from
the State of his origin and not from the State where he has migrated.
The same thing was reiterated in the letter dated 22.02.1985 of the Ministry
of Home Affairs, Government of India.  If PAN India reservation is to
be extended to the Union Territories like Delhi, Chandigarh, Puducherry,
Andaman & Nicobar Islands or Daman & Diu for Group ‘C’ and ‘D’
services for which recruitment are made by the respective Union
Territories, the very object of the Constitutional Scheme of upliftment of
the SCs/STs of these Union Territories will be defeated.  All India
reservation to the services under the Union Territories including the Union
Territory of Delhi will be against the mandate of Articles 341 and 342 of
the Constitution and against the Constitutional Scheme.
73. Marri Chandra Shekhar Rao and Action Committee are
applicable to the States and they are applicable with equal force to the
Union Territories including
Union Territory of Delhi. There cannot be
any distinction between the States and the Union Territories. Likewise,
there can be no distinction between Union Territory of Delhi and other
Union Territories.  When Presidential Orders of Scheduled Castes/
Scheduled Tribes are notified for various Union Territories including Union
Territory of Delhi extending PAN India reservation to the employment
falling under the services of Union Territories including Union Territory
of Delhi, will be against the Constitutional scheme and the law laid down
in Marri Chandra Shekhar Rao and Action Committee.
74. Article 16(4) of the Constitution has to yield to the
constitutional mandate of Articles 341 and 342 of the Constitution.
The Presidential Order issued under Article 341 in regard to Scheduled
Castes and Article 342 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 the
notification issued under Article 341 (1) and Article 342(1) respectively
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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 the status in another State or
Union Territory.  When the Scheduled Castes or Scheduled Tribes are
specified for each State in relation to one State or Union Territory, neither
the State legislature, the administration of the Union Territories and nor
the courts can include or exclude other Scheduled Castes or Scheduled
Tribes so notified in the Presidential Order.  Providing all India reservation
to the services of Union Territories including Union Territory of Delhi,
would be against the mandate of Articles 341 and 342 and the Presidential
Orders issued thereon. If that is permitted, it would amount to addition
or alteration of the Presidential Order which is impermissible and violative
of the Constitutional Scheme.
75. It is the responsibility of each State/Union Territory to provide
for such reservation/affirmative action by positive discretion to bring
backward classes/Scheduled Castes and Scheduled Tribes in the
respective States/areas to provide socio-economic empowerment. If the
reservation to the Scheduled Castes and Scheduled Tribes are to be
extended to all categories of Scheduled Castes and Scheduled Tribes all
over India or to the migrants then there is every possibility of the Scheduled
Castes and Scheduled Tribes of other developed States and Union
Territories squandering reservations to the Scheduled Castes and
Scheduled Tribes who are disadvantaged in the respective States/Union
Territories including Union Territory of Delhi.  If this is permitted, it
would defeat the very object of providing reservation to the disadvantaged
Scheduled Castes and Scheduled Tribes in a particular State or Union
territory. The enabling provision of Article 16(4) of the Constitution has
to yield to the constitutional scheme of Article 341 and Article 342 of the
Constitution.
76. Conclusion:-
· Insofar as the States, I agree with the majority view that a
person who is recognised as a member of Scheduled Castes/
Scheduled Tribes in his original State, will be entitled to all the
benefits of  reservation under the Constitution in that State only
and not in other States/Union Territories and not entitled to the
benefits of reservation in the migrated State/Union Territory.
BIR SINGH  v. DELHI JAL BOARD & ORS.
[R. BANUMATHI, J.]
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· Marri Chandra Shekhar Rao and Action Committee are
applicable to the States and they are applicable with equal force
to the Union Territories including Union Territory of Delhi. There
cannot be any distinction between the States and the Union
Territories. Likewise, there can be no distinction between Union
Territory of Delhi and other Union Territories.  When Presidential
Orders of Scheduled Castes/Scheduled Tribes are notified for
various Union Territories including Union Territory of Delhi
extending PAN India reservation to the employment falling under
the services of Union Territories including Union Territory of Delhi,
will be against the Constitutional scheme and the law laid down in
Marri Chandra Shekhar Rao and Action Committee.
· Since there is centralised recruitment upto Group ‘B’
(Gazetted) services conducted by UPSC for the Central Civil
Services posts in the States/Union Territories of India, there has
to be necessarily PAN India reservation for Scheduled Castes/
Scheduled Tribes for those recruitment conducted by UPSC.
Sofaras Group ‘B’ and Group ‘C’ posts falling under services of
Union Territories including Union Territory of Delhi for which
recruitment is conducted by the respective Union Territories,
benefit of reservation in employment (Article 16(4)) is to be
extended only to those Scheduled Castes/Scheduled Tribes
specified in the Presidential Order of the respective Union
Territories.  Insofar
as the posts recruited by the Staff Selection
Board of the respective Union Territories including the Union
Territory of Delhi, there cannot be PAN India reservation for
Group ‘B’, Group ‘C’ and Group ‘D’ posts falling under the
services of various Union Territories and such PAN India
reservation would be against the constitutional scheme and Marri
Chandra Shekhar Rao and Action Committee.
Divya Pandey
                                             Referred question.answered.