Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 9, Cited by 0]

Supreme Court - Daily Orders

Puducherry S.C.People Welfare Asso. vs Chief Secr.To Govt.,U.T.Of Pondich. on 7 August, 2014

Author: R.M. Lodha

Bench: R.M. Lodha

4¸                                                                                                       REPORTA
BLE


                                            IN THE SUPREME COURT OF INDIA

                                            CIVIL APPELLATE JURISDICTION

                                        CIVIL APPEAL NOS. 10829-10830 OF 2010

                           PUDUCHERRY S.C. PEOPLE WELFARE                                    ...APPELLANT(S)
                           ASSOCIATION

                                                                 VERSUS

                           CHIEF SECRETARY TO GOVT.,                                         ...RESPONDENT(S)
                           UNION TERRITORY OF PONDICHERRY
                           & ORS.

                                                 J     U    D     G   M       E         N    T


                           R.M. LODHA, C.J.I.


                                   The appellant is an association representing

                           the Scheduled Caste residents who have permanent

                           residence/place             of        abode         in           Puducherry.       Th
e

                           association filed two Writ Petitions before the

                           High Court challenging the two Government Orders

                           being     G.O.Ms.No.11/2005/Wel(SCW                              II)   [for     short
,

                           ’G.O.M. 11/2005’] and G.O.Ms.No.12/2005/Wel(SCW II)

                           [for     short,            ’G.O.M.         12/2005’]                   both      date
d

                           05.08.2005. G.O.M. 11/2005                         relates to reservation
Signature Not Verified

Digitally signed by
                           benefits in promotion and employment to Group C &
Rajesh Dham
Date: 2014.08.20
17:19:23 IST

                           D posts and the other G.O.M. 12/2005 relates to
Reason:




                           reservation benefits in professional courses.
                                   :2:

2.        The     High     Court   was     not       persuaded           by       the

arguments of the writ petitioner and dismissed the

two        Writ     Petitions      by      a     common     order             dated

21.07.2008.
3.      The present Civil Appeals, by special leave,

arise from the above common judgment.

4.      Both      Government         Orders     take   note         of     the

Constitution (Pondicherry) Scheduled Castes Order,

1964 and also the judgment of this Court in S.

Pushpa and others              Vs. Sivachanmugavelu and others1

and then provide for extension of reservation only

to     the     Scheduled       Castes     origins      of     the        Union

Territory.

5.      Para 5 of G.O.M. 11/2005 reads as follows :-

      "Having examined the demand made by various
      Welfare   Associations   and    Scheduled     Castes
      (origin) people of the Union Territory of
      Pondicherry    and taking     into    account    the
      observations made by the Hon’ble Supreme Court
      at   para   21   of the    said    judgment    dated
      11.02.2005, the Lieutenant Governor, Pondicherry
      is pleased to order that the reservation
      benefits in promotion, employment to Group ’C’
      and ’D’ posts shall henceforth be extended only
      to the Scheduled Caste origins of the Union
      Territory as notified in the Constitution
      (Pondicherry) Scheduled Castes Order, 1964 read


      1 (2005) 3 SCC 1
                                  :3:

     with the Constitution (Scheduled Castes) Order
     (Second Amendment) Act, 2002 (Central Act 61 of
     2002)."

6.    Similarly, para 5 of               G.O.M. 12/2005 reads as

follows :-


     "Having examined the demand made by various
     Welfare   Associations      and   Scheduled     Castes
     (origin) people of the Union Territory of
     Pondicherry    and   taking     into    account    the
     observations made by the Hon’ble Supreme Court
     at   para   21   of    the   said    judgment    dated
     11.02.2005,      the       Lieutenant       Governor,
     Pondicherry is pleased to order that the
     reservation benefits in the field of education
     and welfare shall henceforth be extended only
     to the Scheduled Caste origins of this Union
     Territory as notified in the Constitution
     (Pondicherry) Scheduled Castes Order, 1964 read
     with the Constitution (Scheduled Castes) Order
     (Second Amendment) Act, 2002 (Central Act 61 of
     2002)."

7.    Leave      was       granted       in    these     matters           on

13.12.2010 and it was ordered that these matters
be tagged with Civil Appeal No. 4494 of 2006.

8.      It     so     happened           that      subsequently           by     order

dated October 7, 2010, Civil Appeal No. 4494 of

20062, came to be referred to a 3-Judge Bench as

the 2-Judge Bench, inter alia, observed that in

Subhash        Chandra           Vs.      Delhi          Subordinate        Service

Selection Board3, the 2-Judge Bench could not have

 2 (2010) 12 SCC 794,           State of Uttaranchal Vs. Sandeep Kumar Singh and
 Others
 3 (2009) 15 SCC 458
                                         :4:

held that the decision rendered in S. Puspha1 case

is obiter and not binding.

9.        Civil        Appeal      No.          4494       of   20062     has       been

dismissed by us yesterday (August 6, 2014) without

answering the reference as it was not necessary in

view      of         paragraph     4       of      the      impugned       judgment

therein.

10.       In the present case also, it is not necessary

to answer the question raised in the reference

only in Civil Appeal No. 4494 of 2006 2 as we find

that      the         impugned     Government               Orders        cannot     be

sustained on the short ground, viz., they being

not      in         consonance     with           the      Presidential        Order,

1964.

11.       The         Presidential              Order,          1964      reads      as

follows :-


 "THE CONSTITUTION (PONDICHERRY) SCHEDULED CASTES
                   ORDER, 1964
                      (C.O. 68)

          In exercise of the powers conferred by clause
        (1) of article 341 of the Constitution of
        India, the President is pleased to make the
        following Order, namely:-

        1.    The Order may be called the Constitution
        (Pondicherry) Scheduled Castes Order, 1964.
                                :5:


        2.    The castes, races or tribes or parts of
        or groups within castes, races or tribes
        specified in the Schedule to this Order shall,
      for the purposes of the Constitution, be deemed
      to be Scheduled Castes in relation to the Union
      Territory of Pondicherry so far as regards
      members    thereof  resident in    that    Union
      territory.

            Provided that no person, who professes a
      religion different from the Hindu or the Sikh
      religion, shall be deemed to be a member of a
      Scheduled Caste.

                               THE SCHEDULE

      1.     Adi Andhra             9.      Pallan
      2.     Adi Dravida            10.     Parayan, Sambavar
      3.     Chakkiliyan            11.     Samban
      4.     Jambuvulu              12.     Thoti
      5.     Kuravan                13.     Valluvan
      6.     Madiga                 14.     Vetan
      7.     Mala, Mala Masti       15.     Vettiyan
      8.     Paky"


12.    It will be seen from para 2 of the above

Presidential         Order        that      the   castes,    races    or

tribes or parts of or groups within castes, races

or tribes (15 in all) specified in the Schedule

appended thereto are deemed to be Scheduled Castes

for the purposes of the Constitution in relation

to the Union Territory of Pondicherry so far as

regards members thereof are resident in the Union

Territory.
                                 :6:

13.    The Government Orders, however, have confined

reservation benefits to Scheduled Castes origins

of the Union Territory of Pondicherry. It would be

seen that the Presidential Order does not speak of

"origins" of the Union Territory of Pondicherry,

it only speaks of "resident".

14.    Article      341   of     the     Constitution   of    India

provides as under:-


      "341. Scheduled Castes.-(1) The President may
      with respect to any State or Union territory,
      and where it is a State, after consultation
      with   the    Governor   thereof,   by    public
      notification, specify the castes, races or
      tribes or parts of or groups within castes,
      races or tribes which shall for the purposes of
      this Constitution be deemed to be Scheduled
      Castes in relation to that State or Union
      territory, as the case may be.
      (2) Parliament may by law include in or exclude
      from the list of Scheduled Castes specified in
      a notification issued under clause (1) any
      caste, race or tribe or part of or group within
      any caste, race or tribe, but save as aforesaid
      a notification issued under the said clause
      shall   not    be varied   by any    subsequent
      notification."


15.      It is important to bear in mind that it is by

virtue        of    the     notification          of     President     under

Article 341(1) that the Scheduled Castes come into

being.          The     members          of the Scheduled Castes are
                                         :7:

drawn from castes, races or tribes, they attain a

new status by virtue of Presidential Order.                                      Clause

(2) of Article 341 empowers Parliament alone by

law      to     include             or   exclude           from       the      list    of

Scheduled             Castes          specified            in     a    notification

issued under Clause (1) by the President. By no

executive             power,          the      amendment,             modification,

alteration or variance in the Presidential Order

is permissible. It is not open to the executive to

do anything directly or indirectly which may lead

to    any       change         in     the      Presidential            Order.         Once

Presidential Order has been issued under Article

341(1) or Article 342(1), any amendment in the

Presidential            Order            can      only      be        made     by     the

Parliament by law as provided in Article 341(2) or

Article 342(2), as the case may be, and in no

other manner.               The interpretation of "resident" in

the Presidential Order as "of origin" amounts to

altering the Presidential Order.

16.      Thus, we find that the impugned Government

Orders          -      G.O.M. 11/2005                  and G.O.M. 12/2005 -

not being in conformity and consonance with the
                        :8:

Presidential Order, 1964 cannot be sustained in

law   and       have      to     be      set   aside.       We    order
accordingly.

17.    Civil Appeals are allowed as above with no

order as to costs.




                     ............................CJI.
                     (R.M. LODHA)



                     ..............................J.
                     (MADAN B. LOKUR)



NEW DELHI;          ...............................J.
AUGUST 7, 2014      (KURIAN JOSEPH)
               IN THE SUPREME COURT OF INDIA

               CIVIL APPELLATE JURISDICTION

             CIVIL APPEAL NO. 7440     OF 2014
      (arising out of S.L.P. (Civil) No. 5962 of 2010)


UNION OF INDIA TR. SEC.& ORS.                  ...APPELLANT(S)

                              VERSUS

R. MURALI & ORS.                               ...RESPONDENT(S)

                          O   R   D    E   R


        Leave granted.

2.      In the Judgment delivered by us today in Civil

Appeal Nos. 10829-10830 of 2010, we have held that

G.O.Ms.No.12/2005/Wel(SCW II) dated 05.08.2005 is bad

in law.

3.      Having regard to that, the ultimate order passed

by the High Court does not call for any interference.

4.      Civil Appeal is, accordingly, dismissed with no

order as to costs.


                       ............................CJI.
                       (R.M. LODHA)


                       ..............................J.
                       (MADAN B. LOKUR)


NEW DELHI;            .............................J.
AUGUST 7, 2014        (KURIAN JOSEPH)
               IN THE SUPREME COURT OF INDIA
                  CIVIL APPELLATE JURISDICTION

                  CIVIL APPEAL NO. 1085 OF 2013

BIR SINGH                                                     ...APPELLANT(S)

                                    VERSUS

DELHI JAL BOARD AND ORS.                                      ...RESPONDENT(S)

                                     WITH

                  CIVIL APPEAL NO. 1086 OF 2013

SARV RURAL & URBAN WEL.SOC.TH:                                ...APPELLANT(S)
ITS PRESIDENT

                                    VERSUS

UNION OF INDIA & ORS.                                         ...RESPONDENT(S)




                            O       R      D    E     R



          Notice was issued in these matters by order

dated      05.02.2013.       It           was   further          directed      that

these matters be taken up, inter alia, with Civil

Appeal No. 4494 of 2006 bearing the title State of

Uttarachal        Vs.   Sandeep             Kumar           Singh     &   Ors 1,     in

which a 2-Judge Bench                has        referred the matter to

  1     (2010) 12 SCC 794
                                    :2:

the      larger     Bench         observing      in       para      13    of   the

report as under :-



        "13. A very important question of law as to
        interpretation of Articles 16(4), 341 and 342
        arises for consideration in this appeal.
        Whether the Presidential Order issued under
        Article 341(1) or Article 342(1) of the
        Constitution 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?
        The   extent and nature of      interplay and
        interaction among Articles 16(4), 341(1) and
        342(1) of the Constitution is required to be
        resolved."


2.       Civil Appeal No. 4494 of 20061                           has not been

decided by us on merits for the reasons given by
the      High     Court     in        paragraph       4     of   the     impugned

order.

3.       The question of law referred in Civil Appeal

No. 4494 of 2006 survives in the present Appeals.

4.       Since the interpretation of                        Articles         16(4),

341 and 342 of the Constitution is involved, in

view of the provision contained in Article 145(3),

the matters are referred to a 5-Judge Constitution

Bench.
                                :3:



5.    The matters may be placed before the Chief

Justice on administrative side and then proceeded

with accordingly.



                          ............................CJI.
                          (R.M. LODHA)



                          ..............................J.
                          (MADAN B. LOKUR)



NEW DELHI;          ..............................J.
AUGUST 7, 2014      (KURIAN JOSEPH)
            IN THE SUPREME COURT OF INDIA

                 CIVIL APPELLATE JURISDICTION


                CIVIL APPEAL NO. 8802 OF 2012

ASHOK KUMAR CHOUDHARY & ORS.                              ...APPELLANT(S)

                                  VERSUS

DELHI JAL BOARD AND ORS.                                  ...RESPONDENT(S)

                            O     R     D    E    R


      In view of the order passed today in Civil

Appeal     No. 1085 of 2013 and Civil Appeal No. 1086

of 2013, this matter is also referred to a 5-Judge

Constitution Bench.

2.    The matter may be placed before the Chief

Justice on administrative side and then proceeded
with accordingly.



                        ............................CJI.
                        (R.M. LODHA)


                        ..............................J.
                        (MADAN B. LOKUR)


NEW DELHI;              ..............................J.
AUGUST 7, 2014          (KURIAN JOSEPH)
                                     :1:
ITEM NO.101                   COURT NO. 1              SECTION XII
(P.H.)
                  S U P R E M E C O U R T O F       I N D I A
                          RECORD OF PROCEEDINGS

Civil Appeal     Nos.     10829-10830 of 2010

PUDUCHERRY S.C.PEOPLE WELFARE ASSO.                     Appellant(s)

                                       VERSUS

CHIEF SECR.TO GOVT.,U.T.OF PONDICH.& ORS                Respondent(s)

(with appln.(s) for early hearing and office report)

WITH

S.L.P. (Civil) Nos. 9845-9847 of 2008

S.L.P. (Civil) Nos. 7934-8000 of 2009
(with appln. for intervention)

S.L.P. (Civil) No. 7854 of 2009
(with appln. for exemption from filing O.T.)

S.L.P. (Civil) Nos. 8763-8764 of 2009
(with appln. for urging additional grounds)

Contempt Petition Nos. 200-266 of 2009
in
S.L.P. (Civil) Nos. 7934-8000 of 2009

S.L.P. (Civil) No. 5962 of 2010

S.L.P. (Civil) No. 30557 of 2010

S.L.P. (Civil) Nos. 33870-33871 of 2011

S.L.P. (Civil) No. 33238 of 2011

T.P. (Civil) No. 862 of 2012
(with appln. For permission to file additional documents)

Civil Appeal No. 8802 of 2012

Civil Appeal No. 1085 of 2013

Civil Appeal No. 1086 of 2013


Date : 07/08/2014             These matters were called on for hearing
                              today.
                                      :2:
CORAM :
                HON’BLE THE CHIEF JUSTICE
                HON’BLE MR. JUSTICE MADAN B. LOKUR
                HON’BLE MR. JUSTICE KURIAN JOSEPH

For Appellant(s)

CA 10829-10830/2010         Ms. V. Mohana ,Adv.

SLP 9845-9847/2008          Mr. Colin Gonsalves, Sr. Adv.
                            Mr. Divya Jyoti Jaipuriar, Adv.
                            Ms. Jyoti Mendiratta, Adv.

SP 7934-8000/2009           Mr. Devashish Bharuka, Adv.
                            Mr. Vaibhav Niti, Adv.


SLP 7854/2009               Dr.   Krishan Singh Chauhan, Adv.
                            Mr.   Ajit Kumar Ekka, Adv.
                            Mr.   Ravi Prakash, Adv.
                            Mr.   Chand Kiran, Adv.
                            Mr.   Murari Lal, Adv.

SLP 8763-8764/2009          Mr. Akhilesh Kumar Pandey, Adv.
                            Mr. Sudhanshu Saran, Adv.
                            Ms. Swati Chandra, Adv.


CP 200-266/2009             Mr. M. Vijaya Bhaskar, Adv.


SLP 5962/2010               Mr.   R. Venkat Ramani, Sr. Adv.
                            Mr.   V.G. Pragasam, Adv.
                            Mr.   S.J. Aristotle, Adv.
                            Mr.   Prabu Ramasubramanian, Adv.
                            Ms.   Neelam Singh, Adv.
                            Mr.   Sameer Singh, Adv.


SLP 30557/2010              Mr. Sudhanshu S. Choudhari, Adv.

SLP 33870-33871/2011        Dr.   Krishan Singh Chauhan, Adv.
                            Mr.   Ajit Kumar Ekka, Adv.
                            Mr.   Ravi Prakash, Adv.
                            Mr.   Chand Kiran, Adv.
                            Mr.   Murari Lal, Adv.


SLP 33238/2011              Mr. Bijan Kumar Ghosh, Adv.

TP 862/2012                 Mr. Rajdeep Banerjee, Adv.
                            Ms. Joyeeta Banerjee, Adv.
                            Dr. Kailash Chand, Adv.
                                :3:

CA 8802/2012          Mr. Abhinav Mukerji, Adv.
                      Ms. Shreya Bhandari, Adv.

CA 1085/2013          Mr. D.N. Goburdhan, Adv.

CA 1086/2013          Mr. D.N. Goburdhan, Adv.

For Respondent(s)
                      Mr.    R. Venkat Ramani, Sr. Adv.
                      Mr.    V.G. Pragasam, Adv.
                      Mr.    S.J. Aristotle, Adv.
                      Mr.    Prabu Ramasubramanian, Adv.
                      Ms.    Neelam Singh, Adv.
                      Mr.    Sameer Singh, Adv.
                    Ms. G. Indira, Adv.
                    Mr. K.V. Jagdishvaran, Adv.

                    Mr. Vishnu Sharma, Adv.

                    Mr. Gopal Singh, Adv. (NOT PRESENT)

                    Mr. Amit Pawan, Adv.

                    Mr. Guru Krishna Kumar, Sr. Adv.
                    Mr. Sumit Kumar, Adv.
                    Mr. Deepayan Mandal, Adv.


                    Mr. Gaurav Agrawal, Adv.

                    Ms. Asha Gopalan Nair, Adv.
                    Mr. Abhishek Kumar Pandey, Adv.

                    Mr. B.V. Balram Das, Adv.

                    Mr. P. Parmeswaran, Adv.

                    Mr. D.S. Mahra, Adv.

                    Mr. Praneet Ranjan, Adv.

                    Mr. Pradeep Kumar, Adv.
                    Mr. Bankey Bihari Sharma, Adv.

                    Mr. Bankey Bihari Sharma, Adv.


                    Mr. Aruneshwar Gupta, Adv.
                                :4:

                       Mr. Naresh Kaushik, Adv.
                       Mr. Sanjeev K. Bhardwaj, Adv.
                       Ms. Lalita Kaushik, Adv.

                       Mr. Suresh Chandra Tripathy, Adv.

                       Mr. Jitinder Kumar Bharia, Adv.

                       Mr.   A Subba Rao, Adv.
                       Mr.   A. Venkatesh, Adv.
                       Mr.   Annam D.N. Rao, Adv.
                       Ms.   Neelam Jain, Adv.
                       Ms.   Vaishali R., Adv.


                       Ms. Binu Tamta, Adv.

                       Mr. Bijan Kumar Ghosh, Adv.
                       Mr. S.K. Poddar, Adv.




         UPON hearing the counsel the Court made the following
                            O R D E R

CIVIL APPEAL NOS. 10829-10830 OF 2010 Civil Appeals are allowed in terms of the Judgment. Pending application, if any, stands disposed of. S.L.P. (Civil) NO. 5962 Of 2010 Leave granted.

Civil Appeal is dismissed in terms of the signed order. CIVIL APPEAL NO. 1085 OF 2013 and CIVIL APPEAL NO. 1086 OF 2013 In terms of the signed order, the matters are referred to a 5-Judge Constitution Bench. The matters may be placed before Hon’ble the Chief Justice on administrative side and then proceeded with accordingly. :5: S.L.P. (CIVIL) NOS. 9845-9847 OF 2008 Delay condoned.

Leave granted.

In view of the order passed today in Civil Appeal No. 1085 of 2013 and Civil Appeal No. 1086 of 2013, these matters are also referred to a 5-Judge Constitution Bench. The matters may be placed before Hon’ble the Chief Justice on administrative side and then proceeded with accordingly.

CIVIL APPEAL NO. 8802 OF 2012 In terms of the signed order, the matter is referred to a 5-Judge Constitution Bench. The matter may be placed before Hon’ble the Chief Justice on administrative side and then proceeded with accordingly. S.L.P. (Civil) NOS. 33870-33871 OF 2011 Leave granted.

In view of the order passed today in Civil Appeal No. 1085 of 2013 and Civil Appeal No. 1086 of 2013, these matters are also referred to a 5-Judge Constitution Bench. The matters may be placed before Hon’ble the Chief Justice on administrative side and then proceeded with accordingly.

:6:

S.L.P. (CIVIL) NO. 7854 of 2009; S.L.P. (CIVIL) NOS. 8763-8764 OF 2009, S.L.P. (CIVIL) NOS. 7934-8000 OF 2009 AND CONTEMPT PETITION NOS. 200-266 OF 2009 IN S.L.P. (CIVIL) NOS. 7934-8000 OF 2009 This group of matters are de-tagged and are being taken up for hearing separately as learned counsel for the parties in this group of matters submitted that the issue involved in this group of matters is not connected with the referred matter.

List these matters on August 25, 2014 at 2 P.M. S.L.P. (Civil) No. 30557 of 2010; S.L.P. (Civil) No. 33238 of 2011 and T.P. (Civil) No. 862 of 2012 To retain their position.

    (RAJESH DHAM)                             (RENU DIWAN)
    COURT MASTER                              COURT MASTER

(reportable signed Judgment in Civil Appeal Nos. 10829-10830 of 2010 and three signed orders in respective matters are placed on the file)