G.P.Mathur, J. - (1.) This writ petition under Article 226 of the Constitution has been filed praying that a writ of mandamus be issued commanding the respondents to treat the petitioners as members of the Scheduled Tribes for the purpose of appearing in the competitive examination of Provincial Civil Service conducted by the U.P. Public Service Commission (for short, the Commission). Another prayer has been made that the condition mentioned in the advertisement issued by the Commission which lays down that the Scheduled Castes, Scheduled Tribes and Other Backward Classes etc. who are not permanent residents of the State of U.P. shall not be given benefit of reservation, may be quashed.
(2.) It is averred in the writ petition that the petitioner Nos. 1 to 3 and their family members are permanent residents of a village in district Dausa in the State of Rajasthan. It is further averred that Meena is a Scheduled Tribe in Rajasthan and they have been given benefit of reservation in employment as members of the said community. The Commission issued an advertisement for holding a preliminary examination to the Combined State/Upper Subordinate Services, the advertisement contained a condition to the effect that the reservation to Scheduled Castes of U.P./Scheduled Tribe of U.P., Other Backward Class candidate of U.P. shall be permissible to the candidates in accordance with the provisions of the Act and the Rules applicable at that time.
(3.) The contention of the learned Counsel for the petitioners is that the aforesaid condition in the advertisement which confines the benefit of reservation to Scheduled Castes of U.P./Scheduled Tribe of U.P., Other Backward Class candidate of U.P. is illegal and this benefit should be available to the petitioners who have been recognised as Scheduled Tribes in the State of Rajasthan. The provision to recognise the Scheduled Castes or Scheduled Tribes arc given in Articles 341 and 342 of the Constitution which read 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. 342. Scheduled Tribes.-(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 tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union Territory, as the case may be.";