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Gujarat High Court
Judgename :N.B.PATEL, P.R.GOKULAKRISHNAN
STATE OF GUJARAT - Appellant
Versus
R.L.PATEL - Respondent
L.P.A. 81 of .
Decided On : 04/04/1990
Constitution Of India – Article 342 – Reservation – Letters Patent Appeal – By the present order impugned in the Letters Patent Appeal the result of the respondent was directed to be declared and subject to the result of the main Special Civil Application the appellants were directed to give appointment and posting to the respondent in case he has succeeded in the examination on the basis of his merit and on the basis that he belongs to the Scheduled Tribe – It is as against this order the present Letters Patent Appeal has been filed – Appellants the State of Gujarat and the Secretary Public Service Commission contended that since the respondent is not of Gujarat Origin he is not entitled to the benefits that have been conferred upon the Scheduled Tribes Secondly they has contended that in as much as the respondent is relying upon the policy laid down by the Union of India orders should not have been passed without making Union of India as a party-respondent in the Civil Application Thirdly they argued that the learned single Judge having seen that an order has been passed after bi-parte hearing of the parties he should not have interfered with that order and modified the same by giving the present modification order impugned In the Letters Patent Appeal This is because of the fact that there is no fresh cause action for the learned single Judge to interfere with the order already passed Finally arid fourthly the learned Counsel submitted that the interim order is subject to the result of the main Special Civil Application and hence such an order without any condition imposed upon the respondent-herein is nullity – Held, Court can dispose of the second third and fourth submissions made by the learned Counsel without much difficulty – The Circular of the Government of India which is pointed out for the purpose of treating the respondent as a member of the Scheduled Tribe – Even apart from this Circular it Is not disputed that the Community of the respondent according to the State of Gujarat comes under the category of Scheduled Tribes – Court do not think that the argument as if the Central Government is a necessary party or otherwise the orders should not have been passed in the Civil Application requires any discussion – Court do not find any substance in this argument advanced by the learned Counsel appearing for the appellants herein – As regards his third contention to the effect that the modification should not have been effected it is needless to say that there is no question of res Judicata in modifying the interlocutory orders passed by a learned single Judge – Hence we do not think that there is any substance in the third contention raised by the learned Counsel appearing for the appellants – The fourth contention which we have stated above has no merits – For first contention, it is however clarified that the Scheduled Caste/ Scheduled Tribe person on migration from the State of his origin to another State will not lose his status as Scheduled Caste/scheduled Tribe but he will be entitled to the concessions/benefits admissible to the Scheduled Castes/scheduled Tribes from the State of his origin and not from the State where he has migrated – Considering the above said facts of the case and also the reasoning given by the learned single Judge while disposing of the interlocutory application namely C. A. No. 1799 of 1989 we do not find any merits in any of the contentions raised by the appellants herein and accordingly this Letters Patent Appeal is dismissed – Appeal Dismissed
( 1 ) NOTICE. Mr. Y. N. Oza who has filed caveat appears and waives service of notice on behalf of the respondent. The Letters Patent Appeal is taken up for hearing by consent of both the parties today.
( 2 ) THE short facts of this case for the purpose of disposal of this Letters Patent Appeals are :
( 3 ) THE respondent herein appeared in the Gujarat Public Services Commission Examination held in the year 1986 for Gujarat Civil Services Class I/ii posts. It is the averment of the respondent that he belongs to the Scheduled Tribe. i. e. Dhodia caste and comes form the Union Territory called Dadra and Nagar Haveli. The Public Service Commissions by its letter dated 4/04/1989 which is subsequent to the respondents writings the examinations for the Gujarat Civil Services Class I/ii posts has stated as follows :xxx xxx xxx subject Gujarat Administrative Service Class-I and Gujarat Civil Services Class-I/ii Examinations of June 1986. Sir as per the Advertisement No. 25 of 1985 issued by the Commission in the above referred subject candidate of Gujarat origin are entitled for benefit of reservation kept for Scheduled Castes Scheduled Tribe and Economically and Educationally Backward Category. Considering the classification issued by the Government in respect of your candidate as Scheduled Tribe candidate in the aforesaid Examination you are not entitled for benefit of reservation in the category of Scheduled Tribe since you not Gujarat origin and therefore the Commission has decide to cancel your admission in the Examinations of Gujarat Administrative Services Class-I and Gujarat Civil Services Class-I/ii held in June 1986 (reference to advertisement No. 225 of 1985) which may please be noted. No further communication in this subject matter will be taken into consideration which may also be noted. xxx xxx in as much as the respondents admission in the Examinations of Gujarat Administrative Service Class-I and Gujarat Civil Services Class-I/ii held in June 1986 has been cancelled the above and letters issued by the Gujarat Public Service Commission the respondent has come forward with Special Civil Application. No. 3876 of 1989 praying for issue of a writ of mandamus or any other appropriate writ quashing or setting aside the order of the Gujarat Public Service Commission dated 4/04/1989 which is Annexure A to the Special Civil Application and also for giving direction to the appellant herein to declare the result of the respondent and to give him suitable recruitment in the services of the State of Gujarat Necessary prayer for interlocutory order has also been made in the Special Civil Application. On the prayer for interim order the High Court passed an order originally not to declare the result of the respondent herein and subsequently on 4-8-1989 it passed the following order; by way of interim relief the respondents (i. e the appellants herein) are directed that the result of the petitioner (the respondent herein) should not be declared and in case of the postings of the selected candidates one post in Class-I cadre be kept vacant till further orders subsequent to this order the respondent herein has come forward with Civil Application No 1799 of 1989 praying that a direction should be given to the appellants herein to declare the result of the respondent herein and for appointing the respondent herein on any suitable post on the basis of his result. On this Civil Application a learned single Judge of our High Court has passed the following order xxx Since the petitioner (respondent herein) has strong prima facie case further interim relief is granted directing the respondents (the appellants herein) that the result of the petitioner (respondent herein) be declared and if he is selected of the basis of his Scheduled Tribe status he shall be given appointment and posting on the basis of his merit and on the basis that he belongs to the Scheduled Tribe. The result shall be declared within 15 da
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