- (1.) A common form of discrimination, within humanity, in India is the practice of untouchability. Scheduled Castes are the primary targets of this medieval practice, a practice, which is outlawed by the Constitution of India. Scheduled Tribes are generally those who have been living in tribal areas located far away from modern civilization. The intent and purpose of providing reservation to SCs and STs is based upon the prevailing social status of their communities. The main objective of the Indian reservation system is to increase the opportunities for enhanced social and educational status until it becomes equal to that enjoyed by an average member of other communities of the underprivileged communities and, thus, enable them to take their rightful place in the mainstream of Indian society. The reservation system exists to provide opportunities for the members of the SCs and STs to increase their representation in the State Legislatures, the Executive Organ of the Union and States, the 'public' institutions etc. With few exceptions, all jobs under certain State governments are reserved for those who are domiciled within the jurisdiction of that government.
(2.) The question that calls for consideration in the present case is as to whether a person declared as Schedule Caste in their own State can claim benefit of reservation in the State of UP for seeking appointment to the Public Post.
(3.) The New Okhla Industrial Development Authority (herein after referred to as the NOIDA) invited applications from eligible candidates for the post of Junior Assistant and Mali. Application forms were submitted by the petitioners along with certificate that they belong to the Scheduled Caste category issued from their state. Petitioner Nos. 1,2,5,7 & 8 were appointed as Junior Engineer and Petitioners No. 3, 4 & 6 have been appointed as Mali vide order dated 12.8.1997. It is further contended that advertisement did not contain any stipulation that a person belonging to Scheduled Caste living/domicile in the State of UP alone can apply for the said post. They continued to work on the said post till 14.5.2007 when an order of termination of their services were passed by the authority. Impugned order was passed on the ground that all the petitioners have been wrongly appointed from the reserved category as they did not belong to the State of U.P. A person belonging to reserved category from other State cannot claim the benefit of reservation in the State of UP. Reliance has been placed on various judgements of this Court as well as Hon'ble Apex Court on the issue involved herein .;