SUBHASH CHANDRA & ANR. versus DELHI SUBORDINATE SERVICES SELECTION BOARD & ORS.

SUBHASH CHANDRA & ANR. versus DELHI SUBORDINATE SERVICES SELECTION BOARD & ORS.

Reservation benefits for Scheduled Castes and Scheduled Tribes are restricted to those castes and tribes notified for the State or Union Territory of recruitment by Presidential Order. Migrants from other States or Union Territories, whose caste or tribe is not notified for the receiving State/UT, are not entitled to reservation under the Scheduled Caste/Scheduled Tribe quota; such recruitment would violate the constitutional scheme of Articles 341/342 and Article 16. Policies or circulars cannot override or amend Presidential Orders except via Parliamentary legislation.

Parties
Appellant: Subhash Chandra; Respondent: Delhi Subordinate Services Selection Board
Jurisdiction
India
Judgment Date
04 August 2009
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal and writ petition allowed
Legal Topics
Reservation, Scheduled Castes and Scheduled Tribes, Protective Discrimination, Migration and Reservation Policy, Judicial Discipline
Constitutional Law Reservation Scheduled Castes and Scheduled Tribes Protective Discrimination Migration and Reservation Policy Judicial Discipline

Case Brief

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Parties

Subhash Chandra

Appellant

Delhi Subordinate Services Selection Board

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether a person belonging to a Scheduled Caste or Tribe in one State retains such status on migrating to another State or Union Territory.
  2. 2 Whether similar castes notified as Scheduled Castes in two different States permit migration to carry over benefits, in light of Article 341.
  3. 3 Whether extension of notifications to migrants amounts to impermissible modification/alteration under Article 341(2) and Article 342(2).

Ratio Decidendi

Reservation benefits for Scheduled Castes and Scheduled Tribes are restricted to those castes and tribes notified for the State or Union Territory of recruitment by Presidential Order. Migrants from other States or Union Territories, whose caste or tribe is not notified for the receiving State/UT, are not entitled to reservation under the Scheduled Caste/Scheduled Tribe quota; such recruitment would violate the constitutional scheme of Articles 341/342 and Article 16. Policies or circulars cannot override or amend Presidential Orders except via Parliamentary legislation.

Court Disposition

Appeal and writ petition allowed

Orders

  • Impugned judgments set aside.
  • No orders as to costs.