PUDUCHERRY S.C. PEOPLE WELFARE ASSOCIATION A v. CHIEF SECRETARY TO GOVT., UNION TERRITORY OF PONDICHERRY & Ors.

Scheduled Caste residents having permanent residence/place of abode in Pu du cherry. The association filed Writ Petitions before the High Court challenging the two Government Orders, 'G.O.M. 11/2005' and 'G.0.M. 12/ 1087 H 1088 SUPREME COURT REPORTS [2014] 13 S.C.R. A 2005'] both dated 05.08.2005. G.0.M. 11/2005 relates to reservation benefits in promotion and employment to Group C & D posts and the other G.O.M. 12/2005 relates to reservation benefits in professional courses. The High Court dismissed the Writ Petitions. The matter came up B before this Court. Allowing the appeals, the Court HELD : 1.1. The impugned Government Orders cannot be sustained on the short ground, viz., they being c not in consonance with the Constitution (Pondicherry) Scheduled Castes Order, 1964. It is seen from para 2 of the above Presidential Order that the castes, races or tribes or parts of or groups within castes, races or tribes (15 in all) specified in the Schedule appended thereto 0 are deemed to be Scheduled Castes for the purposes of the Constitution in relation to the Union Territory of Pondicherry so far as regards members thereof are resident in the Union Territory. The Government Orders, however, have confined reservation benefits to Scheduled Castes origins of the Union Territory of E Pondicherry. It would be seen that the Presidential Order does not speak of "origins" of the Union Territory of Pondicherry, it only speaks of "resident". [Paras 11, 12 and 13][1092-E-F; 1093-E-H] F

1.2. It is by virtue of the notification of President under Article 341(1) of the Constitution that the Scheduled Castes come into being. The members of the Scheduled Castes are drawn from castes, races or tribes, they attain a new status by virtue of Presidential G 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, the amendment, modification, alteration or H PUDUCHERRY S.C. PEOPLE WELFARE ASSN. v. CHIEF SEC. TO GOVT., U.T. OF PONDICHERRY 1089 variance in the Preside_ntial Order is permissible. It is not A 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 the Parliament B 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. Thus, the impugned Government Orders - G.O.M. C 11/2005 and G.O.M. 12/2005 - not being in conformity and consonance with the Presidential Order, 1964 cannot be sustained in law and have to be set aside. [Paras 15, 16)(1094-D-H; 1095-A-B]