BIR SINGH versus DELHI JAL BOARD & ORS.

Citation: [2018] 10 S.C.R. 513 · Decided: 30-08-2018 · Supreme Court of India · Bench: RANJAN GOGOI · Disposal: Reference answered

Cited by 6 judgment(s) · cites 10 · see the full citation network in Lexace

Judgment (excerpt)

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513
BIR SINGH
v.
DELHI JAL BOARD & ORS.
(Civil Appeal No.1085 of 2013)
AUGUST 30, 2018
[RANJAN GOGOI, N. V. RAMANA, R. BANUMATHI,
MOHAN M. SHANTANAGOUDAR AND
S. ABDUL NAZEER, JJ.]
Constitution of India – Arts. 16(4), 341(1) and 342(1) –
Interplay and interaction amongst – Extent and nature of – Whether
the Presidential Order issued u/Art.341(1) or Art.342(1) has any
bearing on the State’s action in making provision for the reservation
of appointments or posts in favour of any Backward Class of citizens
which, in the opinion of the State, is not adequately represented in
the services under the State – Held: [Per Ranjan Gogoi, J.
(for himself, N. V. Ramana, Mohan M. Shantanagoudar and
S. Abdul Nazeer, JJ.)] Art.16(4) is an enabling provision enabling
the State to provide to backward classes including SCs and STs
reservation in appointments to public services –  Art.16(4) provides
reservation only to the classes or categories of SCs/STs enumerated
in the Presidential orders for a particular State/Union Territory
within the geographical area of that State and not beyond –
Operation of the lists of SCs and STs beyond the classes or
categories enumerated under the Presidential Order for a particular
State/Union Territory by exercise of the enabling power vested by
Art.16(4) would have the obvious effect of circumventing the specific
constitutional provisions in Arts.341/342 – Thus, a person belonging
to a Scheduled Caste in one State cannot be deemed to be a Scheduled
Caste person in relation to any other State to which he migrates for
the purpose of employment or education – So far as the National
Capital Territory of Delhi is concerned, the pan India Reservation
Rule in force is in accord with the constitutional scheme relating to
services under the Union and the States/Union Territories –
[Per Banumathi, J.(Partly Dissenting)] A given caste or tribe can
be SC or ST in relation to that State or Union Territory for which it
is specified – Person notified as Schedule Caste in State ‘A’ cannot
claim the same status in another State – Art.16(4) has to yield to the
  [2018] 10 S.C.R. 513
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514
SUPREME COURT REPORTS
[2018] 10 S.C.R.
mandate of Arts.341 and 342 – Though the services under the Union
Territories are Central Government services, but they are services
under the respective Union Territories and not under the direct
control of Union of India/different ministries – Such services cannot
be said to be Central Civil Services under Union of India so as to
extend the benefit of pan India reservation for recruitment to services
under the respective Union Territories including Union Territory of
Delhi.
Constitution of India – Arts.341(1) and 342(1) – Presidential
Orders issued under – Challenge to – Permissibility of – Held:
[Per
Ranjan Gogoi, J. (for himself, N.V. Ramana,
Mohan M. Shantanagoudar and  S. Abdul Nazeer, JJ.)] Presidential
Orders issued u/Art.341 in regard to Scheduled Castes and u/Art.342
in regard to Scheduled Tribes cannot be varied or altered by any
authority including the Court – It is the Parliament alone which has
been vested with the power to so act, that too, by laws made –
(Per Banumathi, J.) Until the Presidential Notification issued
u/Arts.341(1) and 342(1) is modified by appropriate amendment by
Parliament in exercise of the power u/Arts. 341(2) or 342(2), the
Presidential Notification is final and conclusive – No caste or group
can be added to it or subtracted by any action either by the State
Government or by a Court.
Interpretation of Statutes – Harmonious construction – Held:
Inter-related statutory as well as constitutional provisions have to
be harmoniously construed and understood so as to avoid making
any provision nugatory and redundant.[Per Ranjan Gogoi, J.
(for himself, N. V. Ramana, Mohan M. Shantanagoudar and
S. Abdul Nazeer, JJ.)].
Words & Phrases – “in relation to that State or Union
Territory” and “for the purpose of this Constitution” – Meaning of
– Held: Said expression used in Arts. 341 and 342 would mean that
the benefits of reservation provided for by the Constitution would
stand confined to the geographical territories of a State/Union
Territory in respect of which the lists of Scheduled Castes/Scheduled
Tribes have been notified by the Presidential Orders issued from
time to time – Constitution of India – Arts. 341 and 342.
[Per
Ranjan Gogoi, J. (for himself, N.V. Ramana,
Mohan M. Shantanagoudar and  S. Abdul Nazeer, JJ.)].
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