# Sanjay Kumar Singh v. State of U.P. and another

- **Citation:** (2000) 2 ILRA 53
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 1997-06-30
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/sanjay-kumar-singh-v-state-of-u-p-and-another-39179
- **Pages:** 6

## Text

2All] Sanjay Kumar Singh V. State of U.P. and another
53
Writ petition stands allowed subject to the
direction and observation made above.

Petition Allowed.

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By the Court

1. Petitioner Sanjay Kumar Singh has
come to this court under Article 226 of the
Constitution of India with the prayer that the
impugned order dated 30.06.1997/10701997
passed
by
the
U.P.
Public
Service
Commission,
Allahabad,
for
short
commission, copy of which has been filed as
Annexure-XI to this petition.

2. Sanjay Kumar Singh is shuttling
between good and bad luck, good for the
favourable result in the P.C.S. examination
declared in his favour by the Commission,
and bad because by the impugned order that
result stoods cancelled. Again good because
by an interim order one post has been kept
reserved which continues till date.

3. Petitioner's forefather belonged to old
Nagaulaong, Village-Post office paren, B.P.O.
Tening, District Kohima, Nagaland and
belongs to a sect known as Zeme Naga
amongst Naga Tribe citizens. This Naga Tribe
is a scheduled tribe in tening Nagaland and a
certificate to that effect was issued to the
petitioner
(Annexure-1).The
Additional
Deputy Commissioner, Peren, Nagaland also
issued a certificate dated 27.6.1997 to that
effect. Similarly village council Nagaland also
issued a certificate to that effect on 10.4.1996
(Annexure-III). The petitioner than applied
for a Scheduled Tribes certificates from the
District Magistrate, Allahabad who issued a
certificate dated 18.1.1996 based upon the
report
and
certificate
from
Tehsildar,
Allahabad indicating that he is presently a
resident of Allahabad. It has been pleaded that
INDIAN LAW REPORTS ALLAHABAD SERIES [2000

54
the fore fathers of the petitioner has migrated
to Chhapr from Nagaland and ultimately his
father, who was Subedar Major in the Indian
Army, migrated to Allahabad with whom the
petitioner also migrated and completed his
educational pursuits

4. On 31.12.1994, the Commission came
out with an advertisement for Combined
State/Upper
Subordinate
Service
(Preliminary) Examination, 1994. Petitioner
applied for the same. Being successful at the
preliminary, the petitioner appeared in the
main examination with Roll No.023179 held
between 26.6.1996 and 4.7.1996. Being
successful in the written examination, the
petitioner was called for interview by the
Commission on 23.10.1996 through the
interview letter dated 26.6.1996. Having fair
well in the interview also, the petitioner's
result was declared on 14.11.1996 and he was
successful having been shown at serial no. 5
amongst the successful candidates belonging
to the schedule tribe. It is after this, the
impugned order dated 1.7.1997 has been
issued, the contents of which, translated into
English, would read as under:-

Sanjay Kumar Singh was taken to be a
candidate in the scheduled tribe category on
the basis of facts stated by him during
interview. Sri Sanjay Kumar Singh had
disclosed that he was of schedule Tribe
"NAGA". This Tribe "NAGA" is not one of
the tribes enumerated in the list of scheduled
tribe in the State of Uttar Pradesh by the
Government. Therefore, he is not entitled to
the aforesaid reservation.

In view of the aforesaid circumstances, the
Commission hereby cancels the selection of
Sri Sanjay Kumar Singh in the combined
State/Upper Subordinate Examination, 1994.

5. Sri Shailendra, learned counsel for the
petitioner Sri Shiv Kumar Singh, learned
counsel for the commission and S.C. Rai,
Additional Chief Standing Counsel for the
State have been heard at considerable length
for and against this writ petition. Counter
affidavit on behalf of the Commission has
been filed by Sri R. Rahman. During the
course of arguments on earlier occasions, it
was found that an authentic statement from
the side of Government should come about
the genuineness or otherwise of the claim of
the petitioner to be belonging to a scheduled
tribe of Nagaland. By a detailed order dated
28.7.1998, the District Magistrate, Allahabad
was required to make full fledged enquiry into
the allegations of petitioner and to file his
own affidavit. It is good that Sri Alok Tandon,
I.A.S. , District Magistrate, Allahabad made
comprehensive enquiry not only from the
local
Tahsildar
and other officers but
contacted all the relevant officers of
Nagaland who had issued several certificates
reference of which had already been made
above. This affidavit of Sri Alok Tandon
states that the certificate which has been
issued to the petitioner by the Tahsildar,
Allahabad has been issued in pursuance of the
provisions contained in various government
orders and further that there was nothing
false or wrong in the averment of the
petitioner that he belongs to a scheduled tribe
of Nagaland. Rejoinder affidavit has been
filed by the petitioner and as prayed by the
learned counsel for the parties, the writ
petition is finally disposed of on merits at the
admission stage.

6. Sri Shailendra, learned counsel for the
petitioner has strongly contended three points
in support of the petition;

(i) There is no dispute that the petitioner
belongs to a Scheduled Tribe and there being
no bar to accord appointment to a scheduled
Tribe candidate of other State as per the
provisions
contained
in
U.P.
Public
Services(Reservation
for
SC/ST/OBC)
Act,1994, the commission has erred in
cancelling the result which was already
announced
by
it
declaring
petitioner
successful.
2All] Sanjay Kumar Singh V. State of U.P. and another
55
(ii)
Counter
affidavit
filed
by
the
commission does not justify the action
because neither the petitioner has committed
any default nor has ever submitted a wrong
report about his being Scheduled Tribe
candidate. Since it is pleaded consisting which
has not been denied either by the commission
or by the State that the petitioner's grand
father had migrated to chhapra and thereafter
to Allahabad and the certificates obtained and
used by the petitioner are valid in law, the
result cannot be cancelled.

(iii)
Articles
341
and
342
of the
Constitution of India as interpreted by the
Hon'ble Supreme court, read with the
provisions contained in the aforesaid State
ACT I.S. U.P. PUBLIC services(Reservation
for SC/ST/OBC) act 1994,the petitioner
cannot be denied appointment on having been
declared successful by the commission.

7. Reliance is being placed on four
decisions reported in Action Committee Vs.
U.O.I.
(1994)5
S.C.C.,244,
1990(3)
S.C.C.,130 M. Chandra Vs. Dean and others,
Km. Manju Singh Vs. Dean and others,
A.I.R., 1986 Gujrat and State of Gujrat Vs.
R.L. Patel, A.I.R. 1992 Gujrat 42. It may be
stated here that the last case has no
application to the facts of the case. The
candidate there was of Scheuled Tribe which
was so described in Nagar Haveli as well as in
Gujrat. The other 3 decisions required
consideration.

8. Sri Shiv Kumar Singh,. Learned
counsel for the commission also placed
reliance on the language of Articles 341 and
342 of the Constitution of India and further
argued that except the State Government, no
one can increase the list of either Scheduled
Caste/Scheduled Tribes or Backward Castes
and ,therefore, the present attempt of the
petitioner to include himself in the list of the
Scheduled Tribe in State of U.P. just because
he happens to belong to a Scheduled Tribe of
Assam is an attempt in futility and the court
also could not grant any relief to the petitioner
that score. He further contended that in so far
as the certificate issued by the District
Authorities of Allahabad to the petitioner is
concerned, it will, at best come to indicate
that the petitioner belongs to a Scheduled
Tribe in Assam. That will, according to Sri
Shiv Kumar Singh not entitle the petitioner to
claim
the
privileges
of
reservation
to
Scheduled Tribe candidates in U.P.

9. Lastly, he contended that the petitioner
is not qualified for the reason that the Tribe
which he claims to be Scheduled Tribe in
Assam is not included in the recognised list in
the State of U.P. and, therefore, placing
reliance on the aforesaid Supreme Court
decisions, he said that the writ petition should
be dismissed.

10. Sri S.C. Rai, learned Additional Chief
Standing Counsel has said that the petitioner's
S.T. certificate has been genuinely issued by
the State officials on the basis of the
documents which were produced by the
petitioner and were available before the
officials concerned. He further pointed out
that the District Magistrate, Allahabad in his
turn has gone to the extreme possible extent to
find out whether or not the petitioner belongs
to a Scheduled Tribe or not and the findings
conveyed through the averments of the
affidavit of Shri Alok Tandon, the District
Magistrate Allahabad indicates that the
petitioner belong to Scheduled Tribe. Sri Rai,
therefore
contended
that
whether
the
petitioner rightly applied for appearing at the
said examination has to be adjudged on the
aforesaid factual position while it is true that
the petitioner does not belong to Scheduled
Tribe recognised as such by the State
Government.

11. In the instant case, no search for the
principles behind carving out reservation for
Scheduled
Castes,
Scheduled
Tribes
or
Backward Castes is involved. It is a simple
issue of finding out whether or not the
INDIAN LAW REPORTS ALLAHABAD SERIES [2000

56
petitioner should be extended the benefit of
having been successful at the main P.C.S.
examination as Scheduled Tribe candidate.
The facts narrated above leave no manner of
doubt that there was no falsehood or mis
representation in the action of the petitioner
which prima facie showed that he belongs to a
Scheduled Tribe known as "NAGA" .The
petitioner was permitted to appear at the
examination by the commission. He has
successfully passed the written examination in
the mains P.C.S. examination in the year
1994.
He
successfully
encountered
the
interview at the commission and was declared
as
a
selected
candidate
belonging
to
Scheduled Tribe category. After this had
happened,
wisdom
dawned
on
the
commission to find out whether "NAGA"
category of Tribe is or is not a Scheduled
Tribe in the State of U.P. No doubt, "NAGA"
Tribe is not included in the list of Scheduled
Tribes in State of U.P. but was there any
provision which prohibited the petitioner from
applying for the service on the strength of the
aforesaid
candidates
obtained
from
the
collector Allahabad, which was based on the
certificates issued by the relevant authorities
of Nagaland? The answer shall have to be that
the petitioner's claim of Scheduled Tribe was
based on genuinely issued certificates and
there was nothing which persevered the
petitioner being selected if successful. In this
connection, some provisions of the aforesaid
U.P.
Public
Services
(Reservation
for
SC/ST/BC) Act, 1994 shall have to be
considered and then the ration laid down by
the Hon'ble Supreme court in the aforesaid
two decisions has to be applied to one facts of
the present case.

12. Section 2(b)," other backward classes
of citizens as those specified in schedule -I
appended to the Act and this all about the
definition of Scheduled Castes, Scheduled
Tribes and Backward classes. Section-9 says"
For the purposes of reservation provided
under this Act, caste certificate shall be issued
by such authority or officer in such manner
and form as the State Government may, by
order, provide" Through Section-8, it is
provided that the State Government may grant
such concessions in respect of fees for the
candidates mentioned in sub-section 1 of
section-3. It has been provided in Section 3(1)
that in public services and posts, there shall be
reserved at the stage of direct recruitment,
according to the roster referred to in subsection (5) there of;

(a) in the case of Scheduled Castes 21%
(b) in the case of Scheduled Tribes 2%
(c) in the case of other backward
 classes of citizens 27%

13. It has been provided that the
reservation under clause © shall not apply to
the category of other backward classes of
citizens specified in Schedule-II. There are
only two schedule in the Act. Schedule-1
notifying certain castes under Section 2© to
be included as OBC and Schedule-II describes
the prohibitions of certain candidates who will
not get the benefit of reservation. That is all
about the reservation in public services
concering candidates of Scheduled Tribe in
the State of U.P

Coming now to the decision of the
Hon'ble Supreme Court in the case of M.
Chandra (Supra),it should be at once stated
that the said decision was considered in detail
by the Hon'ble Supreme Court in the later
decision
of
Action
committee
(Supra),
consequently, the ration in the latter case shall
have to be applied to the facts of the present
case.

14. It has been held on a reading of the
language used under Articles 341 and 342 of
the Constitution of India that the Parliament is
empowered to include or exclude by law from
the list of Scheduled Castes and Scheduled
Tribe specified in the notification issued
under
clauses-
I
thereof.
Article
342
specifically deals with any tribe or tribal
community in the same fashion as scheduled
2All] Sanjay Kumar Singh V. State of U.P. and another
57
Castes and Scheduled Tribes are dealt with
under Article 341. It has been observed by
Hon'ble Supreme Court," what is important to
notice is that the castes or tribes have to be
specified in relation to a given state or Union
Territory. That means a given caste or tribe
can be a Scheduled Caste or a Scheduled
Tribe in relation to the State or Union
Territory for which it is specified". After that
the Hon'ble Supreme Court has gone on to
consider the relevant provisions with which
the grievances related to in the petition before
the apex court. In para-4 of the judgement, the
circulars
which
were
issued
by
the
Maharashtra Government have been dealt
with. Applicability of the Government orders
issued by Maharashtra Government were
found not to be attracted to the migrants who
came to settle in Maharashtra after 1950.
Admittedly, the challenge before the apex
court in the aforesaid case or the Action
Committee (Supra) was to the aforesaid
Government orders by such persons who
claimed to be migrants of Maharashtra after
the constitution came into being. On the
aforesaid factual background, after referring
to the aforesaid decision in M. Chandra's
case, which was a constitution bench decision
their Lordships hold as under;

"We
may
add
that
considerations
for
specifying a particular caste or tribe or class
for inclusion in the list of Scheduled
Castes/Schedule Tribes or backward classes in
a given State would depend on the nature and
extent of disadvantages and social hardships
suffered by that caste, tribe or class in that
State which may be totally non est in another
State to which persons belonging there to may
migrate. Coincidentally in may be that a caste
or tribe bearing the same nomenclature is
specified in two States but the considerations
on the basis of which they have been specified
may be totally different. So also the degree of
disadvantages of various elements which
constitute the input for specification may also
be totally different. Therefore, merely because
a given caste is specified in State a as a
Scheduled Caste does not a necessarily mean
that if there be another caste bearing the same
nomenclature in another State the person
belonging to the former would be entitled to
the rights, privileges and benefits admissible
to a member of the Scheduled Caste of the
latter
State"
for
the
purpose
of
this
constitution". This is an aspect which has to
be kept in mind and which was very much in
the minds of the constitution makers as is
evident from the choice of language of
Articles 341 and 342 of the Constitution."

15. In the concluding paragraph, their
Lordships in the apex court made a distinction
with regard to certain classes of candidate
that," All these decisions were considered by
the Constitution Bench which agreed with the
latter view. It upheld the view expressed in
the communication dated 22.2.1985 and
negatived the challenge of the petitioner that
the said view was ultra wires Articles
14,15,16 or 21 .it, however, observed that in
the facts and circumstances of the case and
having regard to the fact that the petitioner
student's career was involved it directed the
authorities to consider whether the petitioner
was a Goudi' and if yes, the institution may
consider if he can be allowed to complete his
studies in the institution. However, on the
Constitution this court was clear in its view
that legally speaking he was not entitled to
admission in the Scheduled Tribe quota".

16. As stated above, the petitioner's
consistent plea in this writ petition that
migration
had
taken
place
before
the
constitution was enforced and consequently
the castes certificate was applied for by the
petitioner from the Nagaland Government
which was duly issued. Once, this was so
done, he applied for a certificate under
Section 9 of the aforesaid Act. The certificate
having been granted by the State Government
to the effect that the petitioner was a
Scheduled Tribe candidate of Nagaland, it
was permissible for the petitioner to apply for
INDIAN LAW REPORTS ALLAHABAD SERIES [2000

58
the aforesaid post and claim reserved quota
for the Scheduled Tribe candidates.

17. The petitioner, therefore, has been
able to prove all the facts of his belonging to
Scheduled Tribe of the State of Nagaland.
Simultaneously, the law and the relevant
provisions quoted above did not bar the
extending of the benefit of the reservation of
2% in public services to Scheduled Tribe
candidates of other State.. it is not a question
that the petitioner's joining, if accepted would
increase the list of Scheduled Tribes as
prevalent in the State of U.P. but it is a
question whether a citizen of India may be
belonging to a different State, can rightly
claim the reservation which is available to the
Scheduled Tribe candidate of the State where
he is present living. There is no law and no
provision has been brought to the notice of the
court which will limit the said reservation
quota to be extended only to citizen of the
State of U.P. The petitioner has claimed that
he should be extended the said benefit being a
candidate of Scheduled Tribe of the State of
Nagaland. That claim has to be upheld and
sustained so long as there is no such
Government Order or circular as has been
issued by the Government of Maharashtra
which have been noticed in the decisions cited
above.

18. In this view of the matter it is hereby
held that the petitioner was rightly permitted
to
appear
at
the
P.C.S.(Preliminary)
Examination 1994, he was rightly permitted to
appear in the main examination, rightly
permitted to participate in the interview and
being successful was rightly declared as
having passed the P.C.S. examination, 1994.
Therefore, the commission erred in cancelling
the result of the petitioner and the said order
suffers from an error apparent on the face of
the record. Hence, the impugned order has to
be quashed.

19. In view of the aforesaid discussions,
the wait petition succeeds and is allowed. The
order of the commission dated 30.6.1997/
1.7.1997(Annexure-15 to the writ petition) is
hereby quashed. The petitioner shall be taken
as
having
passed
the
P.C.S.
main
examination, 1994. The State of U.P. is
hereby commanded to afford appointment to
the petitioner forthwith in accordance with
law. However, parties will bear their own
costs.
Petition Allowed.

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