BIR SINGH v. DELHI JAL BOARD & Ors.

Judgment

(for himself, N. V. Ramana, Mohan M. Shantanagoudar and S. Abdul Nazeer, JJ.)] Art.16(4) is an enabling provision enabling the State to provide to backward classes including SCs and STs reservation in appointments to public services – Art.16(4) provides reservation only to the classes or categories of SCs/STs enumerated in the Presidential orders for a particular State/Union Territory within the geographical area of that State and not beyond – Operation of the lists of SCs and STs beyond the classes or categories enumerated under the Presidential Order for a particular State/Union Territory by exercise of the enabling power vested by Art.16(4) would have the obvious effect of circumventing the specific constitutional provisions in Arts.341/342 – Thus, a person belonging to a Scheduled Caste in one State cannot be deemed to be a Scheduled Caste person in relation to any other State to which he migrates for the purpose of employment or education – 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 – [Per Banumathi, J.(Partly Dissenting)] A given caste or tribe can be SC or ST in relation to that State or Union Territory for which it is specified – Person notified as Schedule Caste in State ‘A’ cannot claim the same status in another State – Art.16(4) has to yield to the 513 A B C D E F G H 514 SUPREME COURT REPORTS [2018] 10 S.C.R. A B C D E F G H mandate of Arts.341 and 342 – Though the services under the Union Territories are Central Government services, but they are services under the respective Union Territories and not under the direct control of Union of India/different ministries – Such services cannot be said to be Central Civil Services under Union of India so as to extend the benefit of pan India reservation for recruitment to services under the respective Union Territories including Union Territory of Delhi. Constitution of India – Arts.341(1) and 342(1) – Presidential Orders issued under – Challenge to – Permissibility of – Held: (for himself, N.V. Ramana, [Per Ranjan Gogoi, J. Mohan M. Shantanagoudar and S. Abdul Nazeer, JJ.)] Presidential Orders issued u/Art.341 in regard to Scheduled Castes and u/Art.342 in regard to Scheduled Tribes cannot be varied or altered by any authority including the Court – It is the Parliament alone which has been vested with the power to so act, that too, by laws made – (Per Banumathi, J.) Until the Presidential Notification issued u/Arts.341(1) and 342(1) is modified by appropriate amendment by Parliament in exercise of the power u/Arts. 341(2) or 342(2), the Presidential Notification 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. Interpretation of Statutes – Harmonious construction – Held: Inter-related statutory as well as constitutional provisions have to be harmoniously construed and understood so as to avoid making any provision nugatory and redundant.[Per Ranjan Gogoi, J. (for himself, N. V. Ramana, Mohan M. Shantanagoudar and S. Abdul Nazeer, JJ.)]. Words & Phrases – “in relation to that State or Union Territory” and “for the purpose of this Constitution” – Meaning of – Held: Said expression used in Arts. 341 and 342 would mean that the benefits of reservation provided for by the Constitution would stand confined to the geographical territories of a State/Union Territory in respect of which the lists of Scheduled Castes/Scheduled Tribes have been notified by the Presidential Orders issued from time to time – Constitution of India – Arts. 341 and 342. (for himself, N.V. Ramana, [Per Ranjan Gogoi, J. Mohan M. Shantanagoudar and S. Abdul Nazeer, JJ.)]. BIR SINGH v. DELHI JAL BOARD & ORS. 515 Central Civil Services (Classification, Control and Appeal) Rules, 1965 [CCS Rules, 1965] – Central Civil Services under – Discussed. National Capital Territory of Delhi, Andaman and Nicobar Islands, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil Service) Rules, 2003 – Union Territory Services under – Discussed – National Capital Territory of Delhi, Andaman and Nicobar Islands, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Police Service) Rules, 2003 – Delhi Administration Subordinate Services Rules, 1967. Answering the referred question, the Court HELD: Per Ranjan Gogoi, J. (for himself, N. V. Ramana, Mohan M. Shantanagoudar and S. Abdul Nazeer, JJ.]

1.1 Article 341(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, to specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of the Constitution be deemed to be Scheduled Castes in relation to that State or Union Territory, as the case may be. In case of Scheduled Tribes the President has been similarly empowered under Article 342(1) of the Constitution. Sub-clause (2) of Article 341 and Article 342 empowers the Parliament by law to include in or exclude from the list of Scheduled Castes/Scheduled Tribes specified in the Notification issued under clause (1) thereof any caste, race or tribe/tribal community or part of or group within any caste, race or tribe/tribal community. It is further provided that except as provided i.e. by Parliament by law(s) made, the notification issued under Article 341(1) or Article 342(1) shall not be varied by any subsequent notification. The constitutional mandate, therefore, appears to be that any caste, race or tribe/ tribal community or part of or group within any caste, race or tribe/tribal community as has been specified in the Presidential Order under clause (1) of Article 341 or Article 342 can be altered only by Parliament by law(s) made. Article 341 and Article 342 also makes it clear that the caste, race or tribe or part of or group within any caste, race or tribe as specified in the Presidential A B C D E F G H 516 SUPREME COURT REPORTS [2018] 10 S.C.R. A B C D E F G H Order under Article 341(1) or a tribe or tribal community as may be specified in the Presidential Order under Article 342(1) shall be deemed to be Scheduled Castes/Scheduled Tribes for the purposes of the Constitution in relation to that State or Union Territory, as the case may be. [Paras 15-17] [542-C-G]

1.2 There are various parameters by which a caste/race is recognized as ‘Scheduled Caste/Scheduled Tribe’ in a State/Union Territory or a particular part thereof. There is no doubt that before the Presidential Orders were issued under Article 341(1) or under Article 342(1), elaborate enquiries were made and only after such enquiries that the Presidential Orders were issued. While doing so, the Presidential Orders not only provided that even specified parts or groups of castes, races or tribes/tribal community could be Scheduled Castes/Tribes in a particular State/ Union Territory but also made it clear that certain castes or tribes or parts/groups thereof could be Scheduled Castes/Tribes only in specified/particular areas/districts of a State/Union Territory. The reason for such an exercise by reference to specific areas of a State is that judged by standards of educational, social backwardness, etc. races or tribes may not stand on the same footing throughout the State. The consideration for specifying a particular caste or tribe or class for inclusion in the list of Scheduled Castes and Scheduled Tribes or Backward Classes in any given State depends on the nature and extent of the disadvantages and social hardships suffered by the concerned members of the class in that State. These may be absent in another State to which the persons belonging to some other State may migrate. The Presidential Orders which enumerate lists of castes/races, tribes recognized as ‘Scheduled Caste/Scheduled Tribe’ cannot be challenged or agitated in a court of law except, perhaps, on the limited ground. Whenever States’ reorganization had taken place in the past, Parliament had exercised its powers under Article 341(2) and Article 342(2) and provided for specific Castes/Tribes that were entitled to be recognised as Scheduled Castes and Scheduled Tribes in relation to the reorganized States/Union Territories. The Scheme of the Constitution (Scheduled Castes) and (Scheduled Tribes) Orders makes it clear that Parliament’s intention was to extend the benefits of reservation in relation to the States/Union Territories only to the castes, races or tribes as BIR SINGH v. DELHI JAL BOARD & ORS. 517 mentioned in the Presidential Orders. [Paras 18-20] [543-E-G; 544-A; 545-C-D] A

1.3 If the special privileges or the rights granted to scheduled castes or scheduled tribes in a particular State are to be made available in all the States and if such benefits are to be carried from State ‘A’ to State ‘B’ on migration, the mandate of Article 341/342 would get compromised. Such a consequence must be avoided for it is a fundamental rule of interpretation, be it of a statutory enactment or of the Constitution, that wherever and whenever there is a conflict between two provisions, the same should be so interpreted as to give effect to both. The issue has to be viewed from another perspective. If a member of a Scheduled Caste/ Scheduled Tribe of Andhra Pradesh who had migrated to Maharashtra is to be given the benefit of reservation it will amount to depriving a member of a Scheduled Caste/ Scheduled Tribe of Maharashtra by reducing the reservation earmarked for them. Therefore, it can be said that a person belonging to a Scheduled Caste in one State cannot be deemed to be a Scheduled Caste person in relation to any other State to which he migrates for the purpose of employment or education. 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 would mean that the benefits of reservation provided for by the Constitution would stand confined to the geographical territories of a State/Union Territory in respect of which the lists of Scheduled Castes/Scheduled Tribes have been notified by the Presidential Orders issued from time to time. 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’. [Paras 28-30] [550-B-D; 551-B-D]

1.4 The Presidential Orders issued under Article 341 in regard to Scheduled Castes and under Article 342 in regard to Scheduled Tribes cannot be varied or altered by any authority including the Court. It is the Parliament alone which has been vested with the power to so act, that too, by laws made. Scheduled Castes and Scheduled Tribes thus specified in relation to a State or a Union Territory does not carry the same status in another B C D E F G H 518 SUPREME COURT REPORTS [2018] 10 S.C.R. State or Union Territory. Any expansion/deletion of the list of Scheduled Castes/Scheduled Tribes by any authority except Parliament would be against the constitutional mandate under Articles 341 and 342 of the Constitution of India. Article 16(4) is an enabling provision. It enables the State to provide to backward classes including Scheduled Castes and Scheduled Tribes reservation in appointments to public services. Such reservation is to be provided on the basis of quantifiable data indicating the adequacy or inadequacy, as may be, of the representation of such classes in Government service. The data which is the basis of the satisfaction of the State being verifiable, is open to judicial scrutiny on the limited ground of relevance of the circumstances on which the satisfaction is moulded. The policy decision to provide reservation, of course, is beyond the pale of judicial review. It is an unquestionable principle of interpretation that interrelated statutory as well as constitutional provisions have to be harmoniously construed and understood so as to avoid making any provision nugatory and redundant. If the list of Scheduled Castes/Scheduled Tribes in the Presidential Orders under Article 341/342 is subject to alteration only by laws made by Parliament, operation of the lists of Scheduled Castes and Scheduled Tribes beyond the classes or categories enumerated under the Presidential Order for a particular State/Union Territory by exercise of the enabling power vested by Article 16(4) would have the obvious effect of circumventing the specific constitutional provisions in Articles 341/342. In this regard, it must also be noted that the power under Article 16(4) is not only capable of being exercised by a legislative provision/enactment but also by an Executive Order issued under Article 166 of the Constitution. 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 enumerated in the Presidential orders for a particular State/Union Territory within the geographical area of that State and not beyond. If in the opinion of a State it is necessary to extend the benefit of reservation to a class/category of Scheduled Castes/Scheduled Tribes beyond those specified in the Lists for that particular State, constitutional discipline would require the State to make its views in the matter A B C D E F G H BIR SINGH v. DELHI JAL BOARD & ORS. 519 prevail with the central authority so as to enable an appropriate parliamentary exercise to be made by an amendment of the Lists of Scheduled Castes/Scheduled Tribes for that particular State. Unilateral action by States on the touchstone of Article 16(4) of the Constitution could be a possible trigger point of constitutional anarchy and therefore must be held to be impermissible under the Constitution. [Paras 32-34] [553-A-H; 554-A-C]

1.5 The State Civil Services may be Administrative Services, Forest Services etc. [illustratively, in case of Himachal Pradesh, Himachal 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. Persons inducted into the State Service of a particular State 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. [Para 42] [557-B-D] Dr. D.D. Basu in “Commentary on the Constitution of India” 8th Edition, 2011, Volume 9, pp. 9858 and 9860 – referred to.

1.6 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 Service Commission. There are three All India Services (AIS) – (a) Indian Administrative Service (IAS); (b) Indian Forest Service (IFoS); (c) Indian Police Service (IPS). Therefore, the members of the All India Services A B C D E F G H 520 SUPREME COURT REPORTS [2018] 10 S.C.R. 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. [Paras 43, 44] [557-E-G; 559-B]

2.1 Though the members of the Central Civil Services (CCS) are concerned only with the affairs of the Union/Centre they discharge such duties in the offices and establishments of the Union Government as may be located in the States and the Union Territories. The Central 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. [Para 47] [560-F; 561-A]

2.2 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 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, such a position is fully in accord with the constitutional structure of a federal polity. [Para 56][565-D-E]

2.3 Subordinate services in the National Capital Territory of Delhi are clearly Central Civil Services. A combined reading of the provisions of the Delhi Administration Subordinate Service Rules, 1967’ (DASS Rules) and The Central Civil Services (Classification, Control and Appeal) Rules, 1965 (CCS Rules, 1965) more than adequately explains the nature of Subordinate Services in the NCT of Delhi. These clearly are General Central Services. [Paras 57, 58] [566-D, F]

3. Accordingly, the question referred is answered in terms of the views expressed in para 34 of this opinion. It is further held 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. [Para 61] [568-B] A B C D E F G H BIR SINGH v. DELHI JAL BOARD & ORS. 521 Bhaiya Lal v. Harikishan Singh AIR 1965 SC 1557 : [1965] 2 SCR 877 – followed. State of Uttaranchal v. Sandeep Kumar Singh and Others (2010) 12 SCC 794 ; Marri Chandra Shekhar Rao v. Dean, Seth G. S. Medical College and Others (1990) 3 SCC 130 : [1990] 2 SCR 843 ; Action Committee on Issue of Caste Certificate to Scheduled Castes and Scheduled Tribes in the State of Maharashtra and Another v. Union of India and Another (1994) 5 SCC 244 : [1994] 1 Suppl. SCR 714 ; S. Pushpa and Others v. Sivachanmugavelu and Others (2005) 3 SCC 1 : [2005] 1 SCR 1158 ; Subhash Chandra and Another v. Delhi Subordinate Services Selection Board and Others (2009) 15 SCC 458 : [2009] 12 SCR 978 ; Central Board of Dawoodi Bohra Community and Another v. State of Maharashtra and Another (2005) 2 SCC 673 : [2004] 6 Suppl. SCR 1054 ; M. Nagaraj and Others v. Union of India and Others (2006) 8 SCC 212 : [2006] 7 Suppl. SCR 336 ; M.C.D. v. Veena and Ors. (2001) 6 SCC 571 : [2001] 1 Suppl. SCR 493 ; Dr. Jagdish Saran and Others v. Union of India (1980) 2 SCC 768 : [1980] 2 SCR 831 – referred to. Per R. Banumathi, J. (Partly Dissenting): HELD: 1.1 A person belonging to Scheduled Caste/ Scheduled Tribe in State ‘A’ cannot claim the same status in another 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, 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. [Para 29] [583-D-F] A B C D E F G H 522 SUPREME COURT REPORTS [2018] 10 S.C.R.

1.2 Article 341 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 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 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 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 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’. [Para 32] [584-D-H]

1.3 The Union Territories are centrally administered by the President acting through an administrator. Though the Union Territories are centrally administered under the provisions of Article 239, they do not become merged with the Central Government. They are centrally administered; but they retain their independent identity. The Union Territory does not entirely lose its existence as an entity though large control is exercised by the Union of India. [Para 36] [586-B, D-E]

1.4 In Pushpa’s case, the principle that “when members of 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. The observation A B C D E F G H BIR SINGH v. DELHI JAL BOARD & ORS. 523 in Pushpa’s case is not a correct view. Clause (2) of Article 341 of the Constitution empowers Parliament alone by law 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. In Pushpa’s case, the posts advertised were of Selection 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 Castes/Scheduled Tribes as notified under the Presidential Order for Pondicherry. [Paras 37-39] [587-C; 588-D-F] Whether there can be PAN India reservation of SCs and STs to services under various Union Territories of India

2.1 Under Central Civil Services (Classification, Control and Appeal) Rules, 1965 [CCS(CCA) Rules, 1965], there are four categories of services namely:- (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. [Para 45] [592-B-C]

2.2 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. [Paras 52] [599-F]

2.3 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) A B C D E F G H 524 SUPREME COURT REPORTS [2018] 10 S.C.R. 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. 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. [Paras 55, 56] [601-D-G]

2.4 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. 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. 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. [Paras 57-59] [602-G; 603-A, F] A B C D E F G H BIR SINGH v. DELHI JAL BOARD & ORS. 525

2.5 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. For recruitment of other employees in the Union Territory of Delhi, there is Delhi Administrative Subordinate Services (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). 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 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. 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. 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. Services under the Union Territories though they A B C D E F G H 526 SUPREME COURT REPORTS [2018] 10 S.C.R. are Central Government services, they are services under the respective Union Territories and not under the direct control of Union of India/different Ministries. [Paras 61-64] [604-G, H; 605-A-H]

2.6 Procedure for recruitment to the various posts for the services of Union Territories are different as followed by 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. [Para 64] [605-H; 606-A-C]

2.7 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 were notified. 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 A B C D E F G H BIR SINGH v. DELHI JAL BOARD & ORS. 527 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). Likewise, the Presidential Order has notified the Scheduled Castes for the Union Territory of Chandigarh, Daman and Diu, Puducherry and Dadra and Nagar Haveli. [Paras 65, 66] [606-C; 607-A-E]

2.8 The Constitution (Andaman and Nicobar Islands) Scheduled Tribes Order, 1959 notified the 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. 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. Extending PAN India reservation for the reserved posts recruited by NCT of Delhi or any other Union Territories is against the Presidential A B C D E F G H 528 SUPREME COURT REPORTS [2018] 10 S.C.R. Orders issued under Articles 341 and 342 of the Constitution of India and against the constitutional scheme. 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 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. [Paras 67, 68, 70 and 71] [609-A, D-G; 611-G-H; 612-A]

2.9 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. 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. Article 16(4) of 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) A B C D E F G H BIR SINGH v. DELHI JAL BOARD & ORS. 529 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 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. [Paras 72-74] [612-C-G; 613-A-C]

3. 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. [Para 75] [613-D-F]

4. In conclusion, it is held as follows- (i) Insofar as the States, the majority view is agreed with that a person who is recognised as a member of Scheduled Castes/ Scheduled Tribes in his original State, will be entitled to all the A B C D E F G H 530 SUPREME COURT REPORTS [2018] 10 S.C.R. A B C D E F G H 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. (ii) 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. (iii) 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. [Para 76] [613-G: 614-A-C, D-F] S. Pushpa and Ors. v. Shivachanmugavelu and Ors. (2005) 3 SCC 1 : [2005] 1 SCR 1158 ; Chandigarh Administration and Another v. Surinder Kumar and BIR SINGH v. DELHI JAL BOARD & ORS. 531 Others (2004) 1 SCC 530 : [2003] 6 Suppl. SCR 283 – held not correct view. Marri Chandra Shekhar Rao v. Dean, Seth G.S. Medical College and Ors. (1990) 3 SCC 130 : [1990] 2 SCR 843 ; 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 : [1994] 1 Suppl. SCR 714 – followed. State of Maharashtra v. Milind and Ors. (2001) 1 SCC 4 : [2000] 5 Suppl. SCR 65 ; New Delhi Municipal Council v. State of Punjab & Ors. (1997) 7 SCC 339 : [1996] 10 Suppl. SCR 472 ; Satya Dev Bushahri v. Padam Dev and Ors. AIR 1954 SC 587: [1955] SCR 549 ; Chandigarh Administration and Anr. v. Surinder Kumar and Ors. (2004) 1 SCC 530 : [2003] 6 Suppl. SCR 283; Government of NCT Delhi v. All India Central Civil Accounts, Jao’s Association and Ors. (2002) 1 SCC 344 : [2001] 3 Suppl. SCR 494 ; Subhash Chandra and Another v. Delhi Subordinate Service Selection Board and Others (2009) 15 SCC 458 : [2009] 12 SCR 978 – relied on. State of Uttaranchal v. Sandeep Kumar Singh and Ors. (2010) 12 SCC 794 ; Bhaiya Lal v. Harikishan Singh AIR 1965 SC 1557 : [1965] 2 SCR 877 ; E. P. Royappa v. State of Tamil Nadu and Anr. (1974) 4 SCC 3 : [1974] 2 SCR 348 ; Indra Sawhney and Ors. v. Union of India and Ors. (1992) 3 Suppl. SCC 217 : [1992] 2 Suppl. SCR 454 ; Chattar Singh and Ors. v. State of Rajasthan and Ors. (1996) 11 SCC 742 : [1996] 6 Suppl. SCR 696 ; State of Kerala and Anr. v. N.M. Thomas and Ors. (1976) 2 SCC 310 : [1976] 1 SCR 906 ; Shree Surat Valsad Jilla K.M.G. Parishad v. Union of India and Ors. (2007) 5 SCC 360 : [2007] 6 SCR 257; Puducherry Scheduled Caste People Welfare Association v. Chief Secretary to Government, Union Territory of Pondicherry and Ors. (2014) 9 SCC 236 – referred to. Commentary on the Constitution of India 8th Edition by Durga Das Basu, pp.44 & 53 – referred to. A B C D E F G H 532 A SUPREME COURT REPORTS [2018] 10 S.C.R. Case Law Reference In the Judgment of Ranjan Gogoi, J. (for himself, N. V. Ramana, Mohan M. Shantanagoudar and S. Abdul Nazeer, JJ.] (2010) 12 SCC 794 B [1990] 2 SCR 843 referred to referred to [1994] 1 Suppl. SCR 714 referred to [2005] 1 SCR 1158 referred to [2009] 12 SCR 978 referred to C [2004] 6 Suppl. SCR 1054 referred to [2006] 7 Suppl. SCR 336 referred to [1965] 2 SCR 877 followed [2001] 1 Suppl. SCR 493 referred to [1980] 2 SCR 831 referred to In the Judgment of R. Banumathi, J. Para 2 Para 3 Para 3 Para 3 Para 3 Para 3 Para 19 Para 19 Para 22 Para 59 (2010) 12 SCC 794 referred to Para 2 [1965] 2 SCR 877 referred to Para 11 [1974] 2 SCR 348 referred to [1992] 2 Suppl. SCR 454 referred to [1996] 6 Suppl. SCR 696 referred to [1976] 1 SCR 906 [1990] 2 SCR 843 referred to followed [1994] 1 Suppl. SCR 714 followed [2000] 5 Suppl. SCR 65 relied on [2007] 6 SCR 257 referred to [1996] 10 Suppl. SCR 472 relied on [1955] SCR 549 relied on [2003] 6 Suppl. SCR 283 relied on [2001] 3 Suppl. SCR 494 relied on Para 16 Para 17 Para 18 Para 19 Para 20 Para 22 Para 25 Para 26 Para 36 Para 36 Para 36 Para 36 D E F G H BIR SINGH v. DELHI JAL BOARD & ORS. 533 [2005] 1 SCR 1158 held not correct view Para 37 A (2014) 9 SCC 236 referred to Para 39 [2003] 6 Suppl. SCR 283 held not correct view Para 41 [2009] 12 SCR 978 relied on Para 60 CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1085 of 2013. From the Judgment and Order dated 12.09.2012 of the High Court of Delhi at New Delhi in Writ Petition (Civil) No. 1513 of 2011 WITH Civil Appeal Nos. 9935-9937, 10081 and 8141 of 2014, Civil Appeal No. 8802 of 2012, Civil Appeal No. 1086 of 2013 and Civil Appeal No. 9048 of 2018. P. S. Narasimha, ASG, Ms. V. Mohana, Krishnan Venugopal, K. Radhakrishna, Colin Gonsalves, Ms. Geeta Luthra, Sr. Advs., Ms. Rekha Pandey, Ms. Rashmi Malhotra, Ravindera Kumar Verma, B. V. Balaram Das, V. C. Shukla, M. K. Maroria, S. Chatterjee, Ms. Asha Gopalan Nair, Ms. Nivedita Nair, Ms. Dimple Nagpal, Shivendra Singh, Ms. Deepanshi Ishar, Ravindera Kumar Verma, Raj Bahadur, Ms. Aditi Gupta, Ms. Jyoti Mendiratta, Ujjwal Jain, Prateek Yadav, D. N. Goburdhan, Pranav Vashishtha, Pranav Malhotra, Ms. Supriya Juneja, Ms. Pallavi Chopra, Sudhanshu S. Choudhari, Ms. Jaikriti S. Jadeja, Shakul R. Ghatole, Ms. Surabhi Guleria, Sushil Karanjkar, Nishant Ramakantrao Katneshwarkar, Dr. Krishan Singh Chauhan, Ajit Kumar Ekka, Ravi Prakash, R. S. M. Kalky, Chand Kiran, Aurneshwar Gupta, Varun Dewan, Bijan Kumar Ghosh, Naresh Kaushik, Vardhaman Kaushik, Nishant Gautam, Manoj Joshi, Omung Raj Gupta, Devik. Singh, K. Deo Baghel, Ms. Lalita Kaushik, Abhinav Mukerji, Praneet Ranjan, Bankey Bihari Sharma, Bhupesh Narula, K. V. Jagdishvaran, Ms. G. Indira, Gaurav Agrawal, P. Parmeswaran, Mrs. Anil Katiyar, Ajay Bansal, Praveen Swarup, Gaurav Yadava, Ms. Veena Bansal, Ms. Sushma Suri, B. Krishna Prasad, Annam D. N. Rao, Annam Venkatesh, Sudipto Sircar, Rahul Mishra, Ms. Tulika Chikker, Ms. Binu Tamta, Jatinder Kumar Bhatia, Manish Kumar, Advs. for the appearing parties. B C D E F G H 534 SUPREME COURT REPORTS [2018] 10 S.C.R. A The Judgment of the Court was delivered by RANJAN GOGOI, J. 1. Leave granted in Special Leave Petition (Civil) No.36324 of 2017.

2. In State of Uttaranchal vs. Sandeep Kumar Singh and others1 (Civil Appeal No.4494 of 2006) the following question arose for consideration of this Court: “Whether a person belonging to a Scheduled Caste in relation to a particular State would be entitled or not, to the benefits or concessions allowed to Scheduled Caste candidate in the matter of employment, in any other State?”

3. In the course of the deliberations that took place this Court noticed the Constitution Bench judgments of this Court in Marri Chandra Shekhar Rao vs. Dean, Seth G.S. Medical College and others2and Action Committee on Issue of Caste Certificate to Scheduled Castes and Scheduled Tribes in the State of Maharashtra and another vs. Union of India and another3. The view of a three Judge Bench of this Court in S. Pushpa and others vs. Sivachanmugavelu and others4 was also noticed and the same was perceived to be somewhat contrary to the view expressed by the Constitution Bench in the above two cases. This Court also took note of the fact that a two judge Bench of this Court in Subhash Chandra and another vs. Delhi Subordinate Services Selection Board and others5 held that the dicta in S. Pushpa (supra) is an obiter and does not lay down any binding ratio. The Bench hearing the case i.e. State of Uttaranchal vs. Sandeep Kumar Singh and others (supra) took the view that “it was not open to a two judge Bench to say that the decision of a three judge Bench rendered following the Constitution Bench judgments to be per incuriam”. In this regard, the canons of judicial discipline carved out by this Court in Central Board of Dawoodi Bohra Community and another vs. State of Maharashtra and another6 were recalled and eventually in paragraph 13 of the opinion rendered in State of Uttaranchal vs.Sandeep Kumar Singh and others (supra) the reference of the question noted below was made to a larger Bench: