CHANDIGARH HOUSING BOARD versus TARSEM LAL

CHANDIGARH HOUSING BOARD versus TARSEM LAL

Because there was no Presidential notification under Article 342 specifying any Scheduled Tribe for the Union Territory of Chandigarh, the Chandigarh Housing Board could not lawfully make reservation or confer rights to Scheduled Tribe applicants by advertisement; accordingly the respondent, though a Scheduled Tribe in Rajasthan, could not claim ST status or allotment in Chandigarh on that basis, and the judgments below awarding allotment were set aside.

Parties
Appellant: Chandigarh Housing Board; Respondent: Tarsem Lal
Jurisdiction
India
Judgment Date
07 February 2024
Procedural Posture
Civil Appeal / On Appeal From the High Court of Punjab & Haryana (regular Second Appeal)
Outcome
Appeal allowed
Legal Topics
Article 342, Presidential Notification, Scheduled Tribes Recognition, Migration and Entitlement to Reservation, Allotment of Houses, Estoppel
Constitutional Law Reservation Law Administrative Law Housing/property Law Article 342 Presidential Notification Scheduled Tribes Recognition Migration and Entitlement to Reservation +2 more

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Parties

Chandigarh Housing Board

Appellant

Tarsem Lal

Respondent

Procedural Posture

Civil Appeal / On Appeal From the High Court of Punjab & Haryana (regular Second Appeal)

Legal Issues

  1. 1 Whether a Presidential notification under Article 342 is a prerequisite to confer Scheduled Tribe benefits in a State or Union Territory
  2. 2 Whether a person recognized as a Scheduled Tribe in one State can claim Scheduled Tribe status and reservation benefits in another State or a Union Territory where no Presidential notification under Article 342 exists
  3. 3 Whether the Chandigarh Housing Board's advertisement inviting applications from Scheduled Tribes conferred any enforceable right on the respondent in the absence of an Article 342 notification for Chandigarh

Ratio Decidendi

Because there was no Presidential notification under Article 342 specifying any Scheduled Tribe for the Union Territory of Chandigarh, the Chandigarh Housing Board could not lawfully make reservation or confer rights to Scheduled Tribe applicants by advertisement; accordingly the respondent, though a Scheduled Tribe in Rajasthan, could not claim ST status or allotment in Chandigarh on that basis, and the judgments below awarding allotment were set aside.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment and decrees of the High Court, First Appellate Court and Trial Court set aside
  • Appeal allowed