S. Pushpa And Others vs Sivachanmugavelu And Others on 11 February, 2005
5. Learned Senior Counsel for the writ petitioner referring to
a decision of the Hon'ble Apex Court in S.Pushpa and Others vs.
Sivachanmugavelu and others reported in (2005) 3 SCC 1 would
submit that when a question arose for consideration whether the
migrant scheduled castes/Tribes candidates belonging to another State
were eligible for appointment to the posts which are reserved for
Scheduled Castes/Tribes in the Union Territory of Puducherry, the
Central Administrative Tribunal was of the view that the migrant
Scheduled Castes/Scheduled Tribes candidates are not entitled to
claim the benefit of reservation in the matter of employment in
Puducherry Government Service. But the Supreme Court reversing
the decision of the Central Administrative Tribunal observed that there
is no violation of any provision of the Constitution of India in making
the selection and appointment of migrant Scheduled Caste Candidates
against the quota reserved for Scheduled castes on the post of
Selection Grade Teachers in the Union Territory of Pondicherry, hence
this petition may be allowed as prayed for.