2018 SCC Vol. 10 December 7, 2018 Part 2

Constitution of India — Arts. 16(4), 341, 342, 14, 15(1) and 15(4) — State/UT benefits or concessions allowed to SCs/STs in matter of employment or education in a particular State/UT: Person belonging to SC/ST in one State cannot be deemed to be SC/ST person in State of his migration for purpose of employment or education. Expressions “in relation to State or Union Territory” and “for the purpose of this Constitution” used in Arts. 341 and 342 mean that benefits of reservation stand confined to geographical territories of State/UT in respect of which lists of SCs/STs have been notified by Presidential Orders under Arts. 341 and 342. Further held, any expansion/deletion of list of SCs/STs notified by President by any authority except Parliament would be against constitutional mandate. Furthermore, unquestionable principle of interpretation is that interrelated statutory as well as constitutional provisions must be harmoniously construed to avoid making any provisions nugatory or redundant. Enabling provision under Art. 16(4) is available only to provide reservation to classes or categories of SCs/STs enumerated in Presidential Orders for a particular State/UT within its geographical area and cannot be extended beyond those categories within that State/UT. [Bir Singh v. Delhi Jal Board, (2018) 10 SCC 312]

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