CHANDIGARH ADMINISTRATION AND ANR. versus SURINDER KUMAR AND ORS.

CHANDIGARH ADMINISTRATION AND ANR. versus SURINDER KUMAR AND ORS.

Since the Government of India circular dated 26-8-1986 specifies that recognized SC/ST candidates of other States or Union Territories are entitled to reservation benefits in Chandigarh, and these instructions were followed by the Administration, there is no justification for denying the benefit or discontinuing it arbitrarily from 7-9-1999.

Parties
Appellant: Chandigarh Administration and Anr.; Respondent: Surinder Kumar and Ors.
Jurisdiction
India
Judgment Date
27 November 2003
Procedural Posture
Civil Appeal / Appeal From Punjab and Haryana High Court Judgment in C.w.p. No. 8319 CAT of 2000
Outcome
Appeal dismissed
Legal Topics
Sc/st/obc Reservation, Benefit to Migrants, Union Territory Employee Rules
Service Law Reservation Law Sc/st/obc Reservation Benefit to Migrants Union Territory Employee Rules

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Parties

Chandigarh Administration and Anr.

Appellant

Surinder Kumar and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Punjab and Haryana High Court Judgment in C.w.p. No. 8319 CAT of 2000

Legal Issues

  1. 1 Whether SC/ST/OBC candidates who migrated from other States/UTs and possess caste certificates from their respective States are entitled to reservation benefits in Chandigarh Union Territory

Ratio Decidendi

Since the Government of India circular dated 26-8-1986 specifies that recognized SC/ST candidates of other States or Union Territories are entitled to reservation benefits in Chandigarh, and these instructions were followed by the Administration, there is no justification for denying the benefit or discontinuing it arbitrarily from 7-9-1999.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed with costs.
  • Respondents to be given appointments if otherwise eligible.