1990 Supreme(Guj) 49
P.R.GOKULAKRISHNAN, N.B.PATEL
STATE OF GUJARAT – Appellant
Versus
R. L. PATEL – Respondent
Advocates Appeared: P.N.BAVISHI, R.J.OZA, YATIN OZA
Judgement Key Points
- The respondent belongs to the Dhodia caste, classified as a Scheduled Tribe in Dadra and Nagar Haveli and also recognized as such by the State of Gujarat. [13000045760002][13000045760006]
- The Gujarat Public Service Commission cancelled the respondent's admission to the Gujarat Administrative Service Class-I and Gujarat Civil Services Class-I/II examinations of June 1986 on the ground that the respondent was not of Gujarat origin and thus not entitled to Scheduled Tribe reservation benefits. [13000045760002][13000045760006]
- A single Judge passed interlocutory orders directing that the respondent's result not be declared initially, then reserving a post, and finally directing declaration of the result and appointment/posting if selected on merit and Scheduled Tribe basis, subject to the main Special Civil Application. [13000045760002]
- Appellants contended that non-Gujarat origin disqualified the respondent from Scheduled Tribe benefits in Gujarat; Union of India should have been joined as it issued relevant policy; no modification of prior interlocutory order permissible; and interim order without conditions on respondent was invalid. [13000045760003]
- A Government of India circular dated 6/08/1984 clarifies that a Scheduled Tribe person migrating from the state/Union Territory of origin retains Scheduled Tribe status but is entitled to benefits admissible from the state of origin, not the migrated state. [13000045760004][13000045760006]
- Article 342 of the Constitution empowers the President to specify Scheduled Tribes for each state or Union Territory by notification. [13000045760006]
- Union of India was not a necessary party as there was no dispute with it regarding the respondent's Scheduled Tribe status or the circular. [13000045760004]
- Interlocutory orders may be modified by a single Judge if circumstances warrant, without application of res judicata. [13000045760004]
- Interim orders subject to the result of the main petition are valid without additional conditions on the respondent. [13000045760005]
- The Letters Patent Appeal was dismissed, upholding the single Judge's direction for result declaration and potential appointment on Scheduled Tribe basis. [13000045760006]
N. B. PATEL, P. R. GOKULAKRISHNAN, J.
( 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 Economi
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