The benefits of being a Scheduled Caste or Tribe member for public employment purposes are limited to the State where the person resides and seeks employment, as specified in Articles 341(1) and 342(1) of the Constitution.

BARMAN, C. J.

( 1 ) THE petitioner a resident of Orissa (at Parlakhimedi) belonging to Konda Kapu scheduled Tribe, challenges the order dated July 10, 1964 of the Director of Posts and Telegraphs. Orissa Circle, by which the petitioner then officiating as Inspector of Post Offices, Aska Sub Division, was reverted to his substantive post of clerk, puri Division.

( 2 ) IN 1956 the petitioner was appointed as a Clerk under the Posts and Telegraphs department and the same year he was made permanent. By virtue of his caste and having qualified himself in the Inspector's Examination held in 19g3 the petitioner was appointed as Inspector of Post Offices on May, 7, 1964. But on July 10, he was reverted to his substantive post of Clerk by the impugned order.

( 3 ) ON July 27, 1964 the petitioner made a representation against the order of reversion. In reply to the representation the Director of Posts and Telegraphs intimated to the petitioner on August 6, 1964, the grounds of his reversion, namely, that the petitioner was selected for appointment as Inspector of Post offices against a vacancy reserved for Scheduled Tribe candidates under a reduced standard of qualification; that the Kanda Kapu Scheduled Tribe to which the petitioner belongs is not recognised as one of the Scheduled Tribes in Orissa State where he is a permanent resident and as such the petitioner's promotion as inspector of Post Offices against a vacancy reserved for Scheduled Caste or scheduled Tribe candidates on the basis of the results of the Inspector's examination held in 1963 under a reduced standard having been made irregularly, he was reverted to his substantive post.

( 4 ) THE points argued on behalf of the petitioners are, in substance, these: As the petitioner is a Konda Kapu which is recognised as a Scheduled Tribe in Andhra pradesh under the Constitution (Scheduled Tribes) Order 1950, he must be taken to be a member of a Scheduled Tribe for purposes of employment under the central Services, including the Posts and Telegraphs Department, irrespective of the place of his residence or employment. In support of this contention he relied on Section 2 of the Public Employment (Requirement as to Residence) Act, 1957 (Central Act No. 44 of 1957) which provides to the effect that upon the commencement of the said Act any requirement as to residence in a State or union territory shall cease to have any effect. It was submitted that in view of this provision residence in a particular area or State will not be a bar to public employment under the Central Government, and that Statewise classification for the purpose of employment under the Central Services is not to be recognised. In other words, the contention is that for the purpose of claiming the privileges admissible to a member of a Scheduled Caste or Scheduled Tribe it is enough if it is shown that he belongs to any recognised Scheduled Caste or Scheduled Tribe and not that he belongs to such a Tribe or Caste in a particular area or State.

( 5 ) ARTICLES 341 (1) and 342 (1) which contain special provisions relating to scheduled Castes and Scheduled Tribes are as follows:

"341 (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. xx xx xx "342 (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 tribe or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed 'to be Scheduled Tribes in relation to that state' or Union territory as the case may be. " xx xx xx (the underl