2010 AIR SCW 1568 ::(2010) 166 DLT 659 ::2009 (15) SCC 458 ::(2009) 11 Scale 278 ::(2010) 2 ServLJ 22 ::(2010) 1 ESC 128 ::(2009) 8 Mad LJ 625 ::AIR 2010 SC (Supp) 517 ::(2009) 5 ServLR 612 ::(2009) 3 SCT 827

Supreme Court Of India

(From : Delhi)*

Hon'ble Judge(s): S. B. Sinha, Cyriac Joseph , JJ

(A) Constitution of India , Art.341(2), Art.16(4), Art.162— Presidential order specifying Scheduled Tribes - Not issued in respect of Union Territory of Delhi - Benefit of reservation in services cannot be accorded by policy decision to migrant Scheduled Tribes in Union Territory of Delhi - Members of Scheduled Castes and Scheduled Tribes in other States cannot be treated as Backward Classes for Union Territory of Delhi. AIR 2005 SC 1038 : 2005 AIR SCW 977, Held Obiter.L.P.A. No. 625 of 2002, D/-13-05-2005 (Delhi), Reversed. In the absence of a Presidential Notification, listing any group of persons as a Scheduled Tribe in Delhi, the benefit of reservation in services cannot by policy be accorded to migrant Scheduled Tribes in the Union Territory of Delhi. When an amendment or alternation is to be brought about by a Parliamentary Legislation the same purpose cannot be achieved by taking recourse to Circular letters. If the Central Civil Services and the Union Territory Services are different, keeping in view the Constitutional schemes particularly having regard to the proviso appended to Article 309 of the Constitution of India, the same cannot be done away with only because a Union Territory administratively is administered by the Central Government. Any direction of policy decision, thus, must satisfy the constitutional requirements laid dow....