RAVINDRA DEVI Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) The ills in the Indian society of the caste system rightly compelled the makers of the Constitution to provide for reservations of the backward classes and thus we have the constitutional provisions pertaining to not only reservation but even declaration of those who would be entitled to be declared Scheduled Castes and Scheduled Tribes and hence to avail the benefit of reservation.

(2.) Since social discrimination and oppression and hence being a backward class, is the result of a social practice adopted in an area by the polity, the declaration of a class of persons being to a Scheduled Caste or a Scheduled Tribe is confined to an area, and the question with which we are concerned in the above captioned batch of writ petitions is : Whether a Member of a Caste or a Tribe notified as a Scheduled Caste or a Tribe in an area other than the geographical area of Delhi can avail the benefit of reservation in Delhi for appointment to a post under the Government of NCT of Delhi or the Municipal Corporation of Delhi.

(3.) The Constitution (Scheduled Castes) (Union Territories) Order 1951 as amended in the years 1956, 1976 and 1987 notified the Scheduled Castes in various Union Territories, and pertaining to Delhi we find only 36 castes notified as Scheduled Castes. They are:- 1. Ad-Dharmi, 2. Agria, 3. Aheria, 4. Balai, 5. Banjara, 6. Bawaria, 7. Bazigar, 8. Bhangi, 9. Bhil, 10. Chamar, Chanwar Chamanr, Jatya or Jatav Chamar, Mochi Ramadasia, Ravidasi, Reghgrh or Raigharh, 11. Chohra (Sweeper), 12. Chuhar (Balmiki), 13. Dhanak or Dhanuk, 14. Dhobi, 15. Dom, 16. Gharrami, 17. Julaha (Weaver), 18. Karbirpanthi, 19. Kachhandha, 20. Kanjar or Giarah, 21. Khatik, 22. Koli, 23. Lalbegi, 24. Madri, 25. Mallah, 26. Mazhabi, 27. Meghwal, 28. Naribut, 29. Nat (Rana), Badi, 30. Pasi, 31. Perna, 32. Sansi or Bhedkut, 33. Sapera, 34. Sikligar, 35. Singiwala or Kalbelia and 36. Sirkiband.