UNION OF INDIA & ORS. Vs. LOCAL BORN ASSOCIATION & ORS.
LAWS(CAL)-1996-7-64
HIGH COURT OF CALCUTTA
Decided on July 01,1996

Union of India and Ors. Appellant
VERSUS
Local Born Association And Ors. Respondents


Referred Judgements :-

M S MALATHI KUM VS. COMMISSIONER NAGPUR DIVISION [REFERRED TO]


JUDGEMENT

Nikhil Nath Bhattacharjee, J. - (1.)This appeal is directed against the judgment and order dated Aug. 13,1993 passed by the learned Trial Judge whereby the learned Trial Judge allowed the writ petition holding that since Presidential Notification under 341(1) of the Constitution of India had not been made specifying the Scheduled Castes in relation to the Union Territory of A & N Islands, no reservation in any public employment can be made in respect of posts under the Union Territory Administration for any Scheduled Caste candidate. The learned Judge further directed that " in future, the Union of India should also not make any appointment to any post in the A & N Administration or send on deputation or transfer any person to these Islands to B join any post here treating such post reserved for the Scheduled Caste in the A & N Islands till, I repeat again, a declaration is made by the President of India under Art. 341(1) of the Constitution categorising m any caste as Scheduled Caste in relation to A & N Islands".
(2.)Being aggrieved and dissatisfied, with the said judgment and order of the learned Trial Judge, the Respondent Union of India and the A & N Administration have come up on appeal challenging the said judgment and order.
(3.)Part XVI of the Constitution of India provides specific provisions relating to certain classes and under Art. 341(1) appearing in the said part it has been provided that the President may, respect to any State or Union Territory and where it is a State after consultation with the Government thereof, by public Notification, specify the Castes which shall for the purpose of the Constitution be deemed to be Scheduled Castes in relation to that State or Union Territory as the case may be. Similar provision has been made under Art. 342(1) relating to Scheduled Tribes in relation to the State or the Union Territory to which they may belong.
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