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2. The respondents refused to recognize the social status of the applicants on the ground that they are not natives of Delhi. There is no notification issued in respect of GNCTD under Article 342 of the Constitution. The applicants approached this Tribunal earlier by filing OA No.12/2010. The same was disposed of on 06.01.2010 directing the respondents to pass orders on the representations of the applicants therein. A detailed order dated 18.05.2010 was passed by the respondents stating that since there is no Presidential Notification issued under Article 342 of the Constitution, in respect of Union Territory of Delhi, the candidature of the applicants cannot be considered under the ST category. The same is challenged in this OA.

3. The applicants contend that once a Notification is issued under Article 342, in respect of any part of India, the same must hold good for other places also, particularly in respect of Union Territory, as held by the Hon'ble Supreme Court in S. Pushpa & Ors. Vs. Sivachanmugavelu and Ors. (2005) 3 SCC 1. They also submit that the Hon'ble Supreme Court expressed its view in this behalf in several judgments, and the impugned order cannot be sustained in law.

4. The respondents filed a detailed counter affidavit opposing the OA. According to them, the social status of the applicants cannot be recognized in the absence of any Notification referable to the Union Territory of Delhi or GNCTD thereafter, under Article 342 of the Constitution. They submit that the judgment of the Hon'ble Supreme Court in S. Pushpa's case(supra) was explained in Subhash Chandra v. DSSSB, (2009) 11 SCALE 278 and that no exception can be taken to the impugned order.

5. We heard Shri Naresh Kaushik, learned counsel for the applicants and Ms. Esha Mazumdar, Ms. Anupama Bansal and Shri R.K. Jain, learned counsel for the respective respondents, in detail.

6. The question that arises for consideration in this OA is as to whether the status of ST conferred upon a candidate, on the basis of a certificate issued by the concerned authority from any other State, can be recognized in the GNCTD. It becomes relevant, particularly in the context of there not being any Notification under Article 342 referable to GNCTD or Union Territory of Delhi.