BIR SINGH versus DELHI JAL BOARD & ORS.

BIR SINGH versus DELHI JAL BOARD & ORS.

Reservation for Scheduled Castes and Scheduled Tribes in employment can only be given to those expressly specified in the Presidential Orders for that State or Union Territory; pan India reservation in services under States or Union Territories is constitutionally impermissible, except for centrally recruited posts.

Parties
Appellant: Bir Singh; Respondents: Delhi Jal Board & Ors.
Jurisdiction
India
Judgment Date
30 August 2018
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Referred question answered; pan India reservation for SC/ST posts recruited within Union Territories is not permissible; reservation must adhere to Presidential Order for respective territory.
Legal Topics
Reservation Policy, Scheduled Castes and Scheduled Tribes, Interplay of Articles 16(4), 341, And 342, Pan India Reservation, Presidential Order
Constitutional Law Administrative Law Reservation Policy Scheduled Castes and Scheduled Tribes Interplay of Articles 16(4), 341, and 342 Pan India Reservation Presidential Order

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Parties

Bir Singh

Appellant

Delhi Jal Board & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether Presidential Order issued under Article 341(1) or 342(1) affects State action in reserving posts for Backward Classes including SC/STs
  2. 2 Whether pan India reservation is constitutionally permissible for SC/ST posts in Union Territories including Delhi
  3. 3 Whether a person notified as Scheduled Caste in State 'A' can claim same status in another State or Union Territory

Ratio Decidendi

Reservation for Scheduled Castes and Scheduled Tribes in employment can only be given to those expressly specified in the Presidential Orders for that State or Union Territory; pan India reservation in services under States or Union Territories is constitutionally impermissible, except for centrally recruited posts.

Court Disposition

Referred question answered; pan India reservation for SC/ST posts recruited within Union Territories is not permissible; reservation must adhere to Presidential Order for respective territory.

Orders

  • Reservation for employment under Union Territories including Delhi to be granted only to SC/STs specified by the Presidential Orders for that territory.
  • Pan India reservation for locally recruited posts in Union Territories is constitutionally impermissible.