Hansaria, J. - (1.) The two appeals require decision of one common question, namely, whether the Orissa State Electricity Board, hereinafter the Board, was required to comply with the requirements of the Orissa Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1975, for short the Act, before the Board had resolved to implement the provisions of the Act in its meeting held on 15-3-82. This date is material because it is prior to this date that benefit of the Act was sought for and allowed by the Orissa High Court on being approached by two members of the Scheduled Castes who are respondent No. 1 in both the appeals, which have been filed by the affected service holders of general category and the State.
(2.) The case of the Scheduled Castes service-holders before the High Court was that the provisions of the Act applied by virtue of a direction given by the State Government, as empowered by Section 78-A of the Electricity (Supply) Act; more so, because the Board itself had required all concerned to act in accordnace with the provisions of the Act by letter dated 3-7-76 issued by its Deputy Secretary, on receipt of copy of Government letter dated 25-9-76. The High Court accepted the contention and directed the Board to act in accordance with the provisions of the reservation provided in the Act.
(3.) Shri Venkataramani, appearing for the aforesaid respondents, has buttressed the stand taken by the respondents by submitting that dehors the aforesaid circular and letter, the Act ipso facto applied to the services under the Board inasmuch as the Board is a "State" within the meaning of Article 12 of the Constitution; and the Act, even as enacted, had applied to all appointments to the posts and services under the State.;