JUDGMENT Bhattacharjee, J. 1. This appeal is directed against the judgment and order dated August 13, 1993 passed by the learned Trial Judge whereby the learned Trial Judge allowed the writ petition holding that since Presidential Notification under Article 341(1) of the Constitution of India had not been made specifying the Scheduled Castes in relation to the Union Territory of A & N Islands, no reservation in any public employment can be made in respect of posts under the Union Territory Administration for any Scheduled Caste candidate. The learned Judge further directed that "......in future, the Union of India should also not make any appointment to any post in the A & N Administration or send on deputation or transfer any person to these Islands to join any post here treating such post reserved for the Scheduled Caste in the A & N Islands till, I repeat again, a declaration is made by the President of India under Article 341(1) of the Constitution categorising any caste as Scheduled Caste in relation to A & N Islands". 2. Being aggrieved and dissatisfied, with the said judgment and order of the learned Trial Judge, the Respondent Union of India and the A & N Administration have come up on appeal challenging the said judgment and order. 3. Part XVI of the Constitution of India provides specific provisions relating to certain classes and under Article 341(1) appearing in the said part it has been provided that the President may, with respect to any State or Union Territory and where it is a State after consultation with the Government thereof by public Notification, specify the Castes which shall for the purpose of the Constitution be deemed to be Scheduled Castes in relation to that State or Union Territory as the case may be. Similar provision has been made under Article 342(1) relating to Scheduled Tribes in relation to the State or the Union Territory to which they may belong. 4. It is undisputed that the Presidential Notification under Article 342(1) of the Constitution in respect of the Scheduled Tribes has already been publish d by the Constitution (Andaman & Nicobar Islands) Scheduled Tribes Order, 1959, but that in respect of Caste, no Notification under Article 341(1) of the Constitution has been published so far. 4. It is undisputed that the Presidential Notification under Article 342(1) of the Constitution in respect of the Scheduled Tribes has already been publish d by the Constitution (Andaman & Nicobar Islands) Scheduled Tribes Order, 1959, but that in respect of Caste, no Notification under Article 341(1) of the Constitution has been published so far. This must mean that in respect of public employment arising within the A & N Islands while reservation can be made for the Tribes as scheduled under the Presidential Order of 1959 but in respect of Castes no such reservation is permissible. 5. The writ petitioner challenged before the learned Trial Judge a Notification issued by the A & N Administration wherein reservations were made for the Scheduled Caste candidates with regard to filling up of the posts of Junior Medical Officers under the Health Department of this Union Territory as also the Memo dated September 30, 1992 issued by the Union Public Service Commission addressed to the Chief Secretary, A & N Administration asking the Administration to open a Reservation Roster showing ratio of posts for the Scheduled Caste candidates in connection with promotion to the grade of Executive Engineer (Elec.) in the A & N Administration. It was contended before the learned Trial Judge that since no order or Notification had been issued by the President, classifying any particular Caste as Scheduled Caste within the Island Territory neither the Central Government nor the A & N Administration could reserve any post in the A & N Islands for Scheduled Castes and appoint any person purported to be belonging to Scheduled Castes against such post. It was also contended that no candidate who is Scheduled Caste in relation to any other State within the Territory of India can be appointed against the purported reserved posts as nobody carries the status of a Scheduled Caste beyond the Territorial limits of the State in relation to which he has been classified as a Scheduled Caste by the Presidential Notification issued in relation to that State. In this connection reliance was placed on a Full Bench decision of the Bombay High Court in the case of (1) M.S. Malathy v. The Commissioner, Nagpur Division and Others reported in AIR 1989 Bombay 138, wherein it was held that a person belonging to Scheduled Caste would be Scheduled Caste only in the State in relation to which his Caste is specified as a Scheduled Caste. He does not carry his Scheduled Caste status on his migration to another State in relation to which he has not been declared a Scheduled Caste. 6. Mr. S.C. Bose, learned Senior Advocate, assisted by Ms. Shyamali Ganguli, learned Advocate cited the latest Supreme Court's decision in the matter as made in the case of Action Committee on issue of Caste Certificate to Scheduled Caste and Scheduled Tribes in the (2) State of Maharastra and Another v. Union of India & Another reported in 1994(5) SCC 244 . In the said decision, the Supreme Court categorically laid down that Scheduled Castes or Scheduled Tribes have to be specified by Presidential Notification under Articles 341 and 342 in relation to a given State or Union Territory, which would mean that a given Caste or a Tribe can be a Scheduled Caste or a Scheduled Tribe in relation to the State or Union Territory for which it has been so specified. the Supreme Court further laid down that merely because a given Caste is specified in, say, State-A as a Scheduled Caste does not necessarily mean that if there be another Caste bearing the same nomenclature in say, State-B, the person belonging to the former would be entitled to the privileges and benefits admissible to a member of the Scheduled Caste of the latter State "For the purpose of this Constitution." 7. The ratio of the said Supreme Court decision apply with all force to the facts and circumstances of the instant case. 8. The learned Trial Judge, after considering the contentions of both the parties and keeping in view the law in the matter came to the conclusion that since the Presidential Notification under Article 341(1) of the Constitution had not been issued question of reserving posts under the Administration for Scheduled Caste candidates could not arise and accordingly, quashed the impugned Memo and Notifications. The Supreme Court's decision cited above has come up after the said judgment of the learned Trial Judge. The Supreme Court's decision cited above has come up after the said judgment of the learned Trial Judge. The said decision only supports the view and judgment of the learned Trial Judge which, in our view, appears to be unassailable. 9. Mr. A.K. Roy, the learned Advocate appearing for the appellant Administration, has sought to distinguish the Supreme Court's decision by saying that while posts under any State of Union Territory can be reserved only after following the Presidential Notification, for appointments against posts of all India cadre, SC/ST candidates of any State, in fact, enjoy the privilege of reservation irrespective of his State of origin or the State to which be may be posted. Likewise, Mr. Roy, contended, since the Government employees of A & N Islands are the Central Govt. employees, posts under this Union Territory Administration shall be treated as of all India implication and accordingly anybody belonging to Scheduled Caste of any State may compete against the reserved quota of A & N Islands. Mr. Roy submitted that under the recruitment rules of these Union Territory Administration, Group-C and Group-D posts are recruited locally but Group-A and Group-B posts are to be filled in only on the recommendations of the Union Public Service Commission, which in fact insists on reserved quota for Scheduled Caste category candidates. In this connection Mr. Roy also referred to the Brochure on reservation for Scheduled Castes and Scheduled Tribes in services, published by the Govt. of India and argued that the decision of the Govt. of India in the matter of maintaining the roster, showing the ratio as to how the reserved vacancies are being filled in binding upon the Island Administration. 10. Reservation Roster is not the substantive law but a procedural matter regarding how the ratio of reservation of post is to be maintained and in absence of a Presidential Notification under Article 341(1) of the Constitution the question of maintaining the roster for reserved vacancies of Scheduled Caste in the Union Territory cannot at all arise. Again, the position is not very clear how the policy decision of the Central Govt. in respect of Central Govt. Again, the position is not very clear how the policy decision of the Central Govt. in respect of Central Govt. services or any other service matter can be made binding upon the Union Territory Administration, Although the Union Territory Administration is run by the President under Part-VIII of the Constitution, but the President as the Head of the Union Territory does not act as the President of India but as the Executive Head of the Union Territory like the Governor of a State. But this point has not been agitated or thrashed out in this appeal and we refrain from expressing our final opinion in this matter. Suffice it to point out that when there has been no categorisation of the Scheduled Caste in relation to this Union Territory, question of maintaining Reservation Roster or keeping posts reserved for SC candidates against Public employment in the Union Territory does not and cannot arise. Furthermore, the point of enquiry in the writ application and in this appeal is not in respect of All India cadre posts like I.A.S or I.P.S. but in respect of posts under the Union Territory Administration and when it is doubtful whether the employees under this Administration can be called Central Govt. employees and particularly, when. no notification has been issued under Article 341(1) of the Constitution specifying the Scheduled Caste in relation to these Islands, there can be no question of reserving posts under this Administration for Scheduled Caste candidates. 11. Mr. B.K. Das, the learned Advocate appearing on behalf of the intervenor, K. Sonamuthu, supported the case of the appellant. The intervenor was selected against the post of a Lecturer in the Govt. College situated in the Islands against a vacancy reserved for Scheduled Caste candidate. 11. Mr. B.K. Das, the learned Advocate appearing on behalf of the intervenor, K. Sonamuthu, supported the case of the appellant. The intervenor was selected against the post of a Lecturer in the Govt. College situated in the Islands against a vacancy reserved for Scheduled Caste candidate. He was not given regular appointment but was allowed to continue on an ad hoc basis by virtue of an order passed by the Central Administrative Tribunal dated February 27, 1996 in O.A. 18/A & N/95, wherein the learned Division Bench of the C.A.T. observed as follows:- "During the hearing, we have further been told that the S.L.P. has since been rejected by the Hon'ble Supreme Court with the observation that Union of India should file an appeal against the order of the learned Single Judge of the Calcutta High Court before the Division Bench of the High Court and that such appeal before the Division Bench is still pending." 12. the said learned Bench of the Central Administrative Tribunal directed that the petitioner's adhoc appointment shall not be disturbed except on the ground of unsatisfactory conduct and as a corolary to this, the recruitment process initiated through the impugned Press Note being Annexure-F shall be kept in abeyance till the regular appointment is made on the recommendation of the Union Public Service Commission "after the final outcome of the appeal on the Scheduled Caste issue is know". It is not necessary to consider the case of the intervenor, Sonamuthu because he has not prayed for nor can be given any relief in this judgment, although the ratio of this judgment may be the basis upon which his case may be re-agitated before the said Tribunal by him. 13. Be it however recorded in this connection, that it is not quite understood how Public employment in the Union Territory of A & N Islands can be equated against Central Government employment, for under Part-VIII of the Constitution, the President administers the Union Territories apparently as the President of India but really as the Governor of a State or as the Executive Head of the Union Territory and not as the Head of the Central Government and that being so, it strikes strange how Government employment in the Union Territory can be treated as Central Government employment and the Central Administrative Tribunal can exercise its jurisdiction in matters pertaining to Union Territory employment. But this is not an issue involved in this appeal and this having not been agitated or thrashed out no final opinion is expressed by us in the matter. The question is only posed without giving any verdict. 14. The position that boils down to is this that in absence of a Presidential Notification under Article 341(1) of the Constitution, no reservation in respect of any public service in the A & N Islands can be made and all such reservations sought to have been made were rightly quashed by the learned Trial Judge. There is no merit in this appeal which must fail. The judgment and order of the learned Trial Judge stands affirmed. The appeal is dismissed. There will be no order as to costs. Mukherjee, J.: I agree.