( 1 ) PETITIONERS challenge the order dated 21. 8. 2003 issued by the Ministry of Home Affairs, Government of India as also the order dated 27. 8. 2003 issued by the Government of NCT Delhi to the Delhi Subordinate Services Selection Board and all heads of department/local/autonomous bodies/psus under the Government of Delhi.

( 2 ) ORDER dated 21. 8. 2003 reads as under:- 390. htm@@@

( 3 ) ORDER dated 27. 8. 2003 reads as under:- 39001. htm@@@

( 4 ) PETITIONER No. 1, a society registered under the Societies Registration Act and petitioner No. 2, its President have filed the petition, praying as aforesaid. It is stated by the society that it is formed for undertaking social activities. It is stated that petitioners are entitled to file and maintain the petition for enforcing the provisions of the Constitution and to ensure that the rule of law is upheld.

( 5 ) MAIN grievance of the petitioners is that in the absence of a Presidential notification issued under Article 342 of the Constitution of India, for the Union Territory of Delhi, Delhi having no Scheduled Tribes, no reservation can be effected in the Union Territory of Delhi for services under the Government of NCT Delhi, MCD and NDMC for members belonging to Scheduled Tribe.

( 6 ) THE background which led to the issuance of the impugned orders is the decision rendered/delivered by the Calcutta High Court in CO No. 39 (W) of 1992, delivered on 13. 8. 1993. The said decision, by a learned Single Judge of the Calcutta High Court was upheld by the Division Bench. Petition for Special Leave to Appeal (Civil) No. 2479/1997 was dismissed by the Supreme Court vide order dated 14. 3. 1997.

( 7 ) PURSUANT to OM dated 14. 10. 1955, being OM No. 7/2/55/sct issued by the Ministry of Home Affairs, benefit of reservation was being accorded to members belonging to Scheduled Tribes for appointment in the Union Territory of Delhi. Benefit of reservation to members belonging to the Scheduled Castes was also being granted for employment in the Union Territory of Delhi. Benefit of reservation was being granted for appointment to the local authorities in the Union Territory of Delhi.

( 8 ) ARTICLE 16 (4) of the Constitution of India enables the State to make provisions for reservation for appointments or reservation to posts in favour of any backward class of citizens, which in the opinion of the State is not adequately represented in the service under the State. Article 16 (4) of the Constitution of India is an enabling provision. Its object is to create equality of opportunity by reverse discrimination, in employment in public offices. This equality of opportunity is achieved qua backward class of citizens by enabling them to compete amongst equals i. e. amongst themselves.

( 9 ) SCHEME of the Constitution, evidenced by Article 341 of the Constitution would reveal, that by and under a Presidential Notification, citizens of India are specified as belonging to the Scheduled Castes. By and under a Presidential Notification issued under Article 342, citizens are specified as belonging to Scheduled Tribes.

( 10 ) ARTICLE 341 and Article 342 of the Constitution of India 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]. (2) parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification. 342. Scheduled Tribes (1) The President [may with