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Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): R. C. Lahoti, K. G. Balakrishnan, G. P. Mathur , JJJ

(A) Constitution of India , Art.16(4), Art.341(1)— Constitution (Pondicherry) Scheduled Castes Order (1964) , Para.1— Appointment - In Union Territory of Pondicherry - Post of Selection Grade Teachers - Reserved quota for Scheduled Caste candidates - Benefit of reservation given to migrant Scheduled Caste candidates from other States - Not invalid. Marri Chandra v. Dean, S. G. S., Medical College, (1990) 3 SCC 130, Disting. Article 16(4) is not controlled by a Presidential Order issued under Art. 341(1) or Art. 342(1) of the Constitution in the sense that reservation in the matter of appointment on posts may be made in a State or Union Territory only for such Scheduled Castes and Scheduled Tribes which are mentioned in the Schedule appended to the Presidential Order for that particular State or Union Territory. This Article does not say that only such Scheduled Castes and Scheduled Tribes which are mentioned in the Presidential Order issued for a particular State alone would be recognized as backward classes of citizens and none else. If a State or Union Territory makes a provision where-under the benefit of reservation is extended only to such Scheduled Castes or Scheduled Tribes which are recognized as such, in relation to that State or Union Territory then such a provision would be perfectly valid. However, there would be no infraction of C....