Judgment :- S.J. Mukhopadhaya, J. Prayer in Writ Petition No.33305 of 2006 is for issuance of a Writ of Certiorarified Mandamus, to call for the records in G.O.Ms.NO.11/2005/Wel(SC.W.II), Chief Secretariat (Welfare), Pondicherry, dated 8. 2005 on the file of the first respondent and quash the same as illegal and direct the first respondent to provide reservation benefits in promotion, employment to Group-C & D posts to all deserving Scheduled Caste members irrespective of their State of origin as directed by the first respondent in Presidential Order, 1964 and clarification order in 1974. Prayer in Writ Petition No.33306 of 2006 is for issuance of a Writ of Certiorarified Mandamus, to call for the records in G.O.Ms.NO.12/2005/Wel(SC.W.II), Chief Secretariat (Welfare), Pondicherry, dated 8. 2005 on the file of the first respondent and quash the same as illegal and direct the first respondent to provide reservation benefits in professional courses viz., M.B.B.S., B.D.S. and Engineering courses to all deserving Scheduled Caste members irrespective of their State of origin as directed by the first respondent in Presidential Order, 1964 and clarification order in 1974. 2. As both these Writ Petitions are by the very same petitioner-The Puducherry S.C. People Welfare Association, against the very same respondents, against similar Government Orders, issued by the Government of Pondicherry from its Welfare Department, in G.O.Ms.No.11/2005/Wel(SC.W/II) and G.O.Ms.No.12/2005/Wel (SC.W/II), both dated 8. 2005 and as common question of law is involved, they were heard together and disposed of by this common order. 3. The Writ Petitions relate to reservation benefits to the Schedule Castes in the matter of recruitment, promotion and admission in the educational institutions in the Union Territory of Pondicherry. The first respondent-Government of Pondicherry, vide G.O.Ms.No.11/2005/Wel.(SCW II), issued from the Welfare Department, dated 8. 2005, took the following decision: "(4) In consultation with the Govt. Pleader in High Court/CAT and after considering all the requests/demands received by the Government from various quarters of Scheduled Caste origins and from several Associations functioning in this Union territory for the welfare of Scheduled Castes (origin) a resolution has been passed in the Legislative Assembly and also a decision has been taken by the Government to extend reservation benefits in Govt. services including promotion and employment in Group C and D posts to Scheduled Caste origins of the Union Territory of Pondicherry only. The Cabinet decision is extracted below: "Resolution No.2005/M.37/183: Extension of reservation benefits in Govt. services including promotion and employment in Group C and D posts to Scheduled Caste origins of the Union Territory of Pondicherry only. The Cabinet decision is extracted below: "Resolution No.2005/M.37/183: Extension of reservation benefits in Govt. service including promotion and admission in all Educational Institutions in this Administration only to the Scheduled Castes of UT of Pondicherry. In accordance with the judgment of Supreme Court in Pusha and others Vs. Sivashanmugam and others, JT 2005 (2) SC 317 and considering the applicability of the Government of India order No.BC16014/1/82-SC&BCD-I dated 22.02.85 of Ministry of Home Affairs, Government of India, New Delhi, it was resolved that the Government of Pondicherry will extend benefits of reservation in the field of employment for Group C and D posts to the Scheduled Castes of Pondicherry origin. This would come into effect from the date of issue of GO. Further, it was resolved to continue extension of benefits as in the past in the field of education and welfare only to the members of Scheduled Castes of Pondicherry origin." .(5) Having examined the demand made by various Welfare Associations and Scheduled Castes (origin) people of the Union Territory of Pondicherry and taking into account the observations made by the Honble Supreme Court at para 21 of the said judgment dated 11.02.2005, the Lieutenant Governor, Pondicherry is pleased to order that the reservation benefits in promotion, employment to Group C and D posts shall henceforth be extended only to the Scheduled Caste origins of this Union Territory as notified in the Constitution (Pondicherry) Scheduled Castes Order, 1964 read with the Constitution (Scheduled Castes) Order (Second Amendment) Act, 2002 (Central Act 61 of 2002). .(6) This Order shall take immediate effect." Similar order regarding reservation of seats for admission in educational institutions, has been passed-Vide G.O.Ms.No.12/2005/Wel.(SCW.II) issued from the Welfare Department, dated 8. 2005. 4. By the aforesaid Government Orders, both dated 8. .(6) This Order shall take immediate effect." Similar order regarding reservation of seats for admission in educational institutions, has been passed-Vide G.O.Ms.No.12/2005/Wel.(SCW.II) issued from the Welfare Department, dated 8. 2005. 4. By the aforesaid Government Orders, both dated 8. 2005, having resolved to continue the extension of benefits of reservation as in the past in the field of appointment, promotion, education and welfare only to the members of Scheduled Castes of Pondicherry origin (emphasis supplied), excluding the Schedule Castes migrated from other States, including the State of Tamil Nadu, residing at present within the Union Territory of Pondicherry, the petitioner-Association has challenged the same on the following grounds: .(i) Once a Scheduled Caste or a Tribe is included in the Presidents Order issued under Articles 341 and 342 of the Constitution of India, for the purpose of the Constitution, the Government of Pondicherry has no jurisdiction to exclude a class of Scheduled Castes from such Presidential Order on the ground of migration. .(ii) The impugned Government Orders denying reservation to deserving Scheduled Castes, the so-called migrated candidates, are arbitrary and violative of Articles 14, 15 and 16 of the Constitution of India. (iii) The impugned Government Orders in effect, take away the reservation conferred on 5,000 members of the petitioner-Association, contrary to the Presidential Order, 1964, and (iv) The impugned Government Orders are violative of the law laid down by the Supreme Court in the case of "S.Pushpa vs. Sivachanmugavelu, reported in 2005 (3) SCC 1 . 5. Learned counsel appearing for the petitioner-Association while referring to the different orders issued by the Government of India and Government of Pondicherry, for grant of reservation in favour of the Scheduled Castes including those who are residing having migrated from the other States, also placed reliance upon certain decisions of the Supreme Court, as discussed hereinafter. 6. On the other hand, according to the learned counsel appearing for the respondents, the relief as sought for to treat the migrant Scheduled Castes as the Scheduled Castes of Union Territory of Pondicherry, is in total violation of the Constitutional scheme envisaged under Articles 341 and 342 of the Constitution of India. Placing reliance on the decision of the Supreme Court in S.Pushpas case (supra), it was also submitted that the impugned Government Orders have been issued in terms of the law laid down by the Supreme Court in the said S.Pushpas case. 7. Placing reliance on the decision of the Supreme Court in S.Pushpas case (supra), it was also submitted that the impugned Government Orders have been issued in terms of the law laid down by the Supreme Court in the said S.Pushpas case. 7. We have heard the learned counsel appearing for the parties, noticed the rival contentions, the impugned Government Orders and the decisions of the Supreme Court, including S.Pushpas case, as referred to above. 8. For proper appreciation of the case, it is desirable to notice and extract one of the Government Orders, namely G.O.Ms.No.11, issued from Welfare Department, dated 8. 2005, the other being almost similar. "ORDER During 1995, some Associations and individuals belonging to origin Scheduled Castes filed case in Honble Central Administrative Tribunal, Madras Bench, Chennai against the selection of migrated Scheduled Castes candidates for the posts reserved for Scheduled Castes in the Secondary Grade Teacher Recruitment conducted by the Education Department, Pondicherry. The CAT, Madras Bench, Chennai in its final orders dated 011. 1996 pronounced in O.A.No.199/1996 and O.A.No.214/1996 etc, set aside the said recruitment and direction was issued to review the selection process with regard to the reserved quota after excluding the migrant Scheduled Castes candidates who had migrated after the issuance of the Presidential Notification in the year 1964. Subsequently, the Honble High Court, Madras in its order issued in July, 1998 had also dismissed the case filed by the Govt. in August 1997 against the Order dated 011. 1996 of the CAT, Madras Bench, Chennai. Further, the Honble Supreme Court had passed an interim order on 05.01.1998 to continue the CAT orders passed in 1996. .(2) Further, the Apex Court has in its final judgment dated 11.02.2005 in the case No: Appeal (civil) 6-7 of 1998 filed by S.Pushpa and others (migrant SC) has observed in para 21 of its judgment that if a State or Union Territory makes a provision whereunder the benefit of reservation is extended only to such Scheduled Castes or Scheduled Tribes which are recognized as such in relation to that State or Union Territory, then such a provision would be perfectly valid. .(3) It has been brought to the notice of the Pondicherry Government that a letter No.BC.16014/82-SC&BCD-1, dated 22.02.1985 was issued by the Ministry of Home Affairs addressed to all States/Union Territories clearly directing in para 2 of the letter as follows: It is also clarified that a Scheduled Caste/Tribe person who has migrated from the State of origin to some other State for the purpose of seeking education, employment etc. will be deemed to be a Scheduled Caste/Tribe of the State of his origin and shall be entitled to derive benefits from the State of origin and not from the State to which he has migrated." The letter was received in Pondicherry and communicated to all Secretaries/Head of Departments by Deputy Secretary (Revenue) vide endorsement No.12038/89/C2, dt.8th November 1989. Pondicherry being Union Territory is governed by Ministry of Home Affairs. As such, the orders of Ministry of Home Affairs are directly applicable to the Union Territory of Pondicherry. (4) In consultation with the Govt. Pleader in High Court/CAT and after considering all the requests/demands received by the Government from various quarters of Scheduled Caste origins and from several Associations functioning in this Union territory for the welfare of Scheduled Castes (origin) a resolution has been passed in the Legislative Assembly and also a decision has been taken by the Government to extend reservation benefits in Govt. services including promotion and employment in Group C and D posts to Scheduled Caste origins of the Union Territory of Pondicherry only. The Cabinet decision is extracted below: "Resolution No.2005/M.37/183: Extension of reservation benefits in Govt. service including promotion and admission in all Educational Institutions in this Administration only to the Scheduled Castes of UT of Pondicherry. In accordance with the judgment of Supreme Court in Pusha and others Vs. Sivashanmugam and others, JT 2005 (2) SC 317 and considering the applicability of the Government of India order No.BC16014/1/82-SC&BCD-I dated 22.02.85 of Ministry of Home Affairs, Government of India, New Delhi, it was resolved that the Government of Pondicherry will extend benefits of reservation in the field of employment for Group C and D posts to the Scheduled Castes of Pondicherry origin. This would come into effect from the date of issue of GO. This would come into effect from the date of issue of GO. Further, it was resolved to continue extension of benefits as in the past in the field of education and welfare only to the members of Scheduled Castes of Pondicherry origin." (5) Having examined the demand made by various Welfare Associations and Scheduled Castes (origin) people of the Union Territory of Pondicherry and taking into account the observations made by the Honble Supreme Court at para 21 of the said judgment dated 11.02.2005, the Lieutenant Governor, Pondicherry is pleased to order that the reservation benefits in promotion, employment to Group C and D posts shall henceforth be extended only to the Scheduled Caste origins of this Union Territory as notified in the Constitution (Pondicherry) Scheduled Castes Order, 1964 read with the Constitution (Scheduled Castes) Order (Second Amendment) Act, 2002 (Central Act 61 of 2002). .(6) This Order shall take immediate effect." 9. From the aforesaid Government Order, it would be evident that the Government of Pondicherry, while noticing the decision rendered in the case of S.Pushpa by the Tribunal and ultimately, by the Supreme Court (supra), took into consideration the findings of the Supreme Court in the said case, as evident from paragraphs 1 and 2 of the G.O., and taking the opinion of the Government Pleader of the Union Territory of Pondicherry (of the High Court) and after considering all the requests/demands received by the Government from various quarters of Scheduled Caste origins and the other Associations of the Scheduled caste, decided to continue the extension of benefits only to the members of the Scheduled Caste of Pondicherry origin and not to others, i.e. those Scheduled Caste migrated from other States and settled in the Union Territory of Pondicherry. 10. Learned counsel appearing for the respondents referred to different orders issued from time to time by the Union of India and the Union Territory of Pondicherry, to suggest that no reservation was given to migrated Scheduled Castes in the matter of employment for Group C and D posts, and it is only Group A and B posts, which are filled up through the Union Public Service Commission (for short, the UPSC) on "All India basis" and the Scheduled Castes, irrespective of their origin of the State, were allowed to compete. In this background, we have also noticed different instructions and the orders issued by the Union of India/Union Territory of Pondicherry from time to time, as also the Constitution (Pondicherry) Schedule Castes Order, 1964 (for short, 1964 Scheduled Castes Order), as discussed below. 11. The President of India, in exercise of the powers conferred by Clause (1) of Article 341 of the Constitution of India, was pleased to issue "Constitution (Pondicherry) Scheduled Castes Order, 1964", (vide GSR.No.419, dated 3. 1964, published in the Ministry of law Notification), relevant portion of which reads as follows: “1. This Order may be called the Constitution (Pondicherry) Scheduled Castes Orders, 1964. 2. The castes, races or tribes or parts of or groups within castes, races or tribes specified in the Schedule to this Order shall for the purposes of the Constitution, be deemed to be Scheduled Castes in relation to the Union Territory of Pondicherry so far as regards members thereof resident in that Union Territory." It will be evident that the castes, races or tribes or parts of or groups within castes, races or tribes as specified in the said 1964 Scheduled Castes Order, were deemed to be Scheduled Castes in relation to the Union Territory of Pondicherry and were residents in that Union Territory. (emphasis added). The words "Scheduled Castes of Pondicherry origin", have not been inserted therein, but related to the Scheduled Castes in relation to the Union Territory of Pondicherry, who were the residents of that Union Territory, as on 3. 1964, i.e. the date on which 1964 Scheduled Castes Order was issued. 12. Prior to the issuance of 1964 Scheduled Castes Order, "reservation" was to be made pursuant to the guidelines issued by the Union of India. The Policy of the Government of India in regard to the communal representation in the services before coming into force of the new Constitution, was noticed and vide the Resolution of the Ministry of Home Affairs, in Resolution No.42/21/49.NGS, dated 19. 1950, the following guidelines were issued: "2. The Government of India have now reviewed their policy in this regard in the light of the provisions of the Constitution of India which lay down inter alia that with certain exceptions no discrimination shall be made in the matter of appointments to the Services under the State on grounds of race, religion, caste etc. The Government of India have now reviewed their policy in this regard in the light of the provisions of the Constitution of India which lay down inter alia that with certain exceptions no discrimination shall be made in the matter of appointments to the Services under the State on grounds of race, religion, caste etc. The exceptions are that special provision shall be made for Scheduled Castes and Scheduled Tribes in all Services and for Anglo-Indians in those services in which they had special reservations on the 14th August, 1947 Pending the determination of the figures of population at the Census of 1951 the Government of India have decided to make the following reservations in recruitment to posts and services under them: (a) Scheduled Castes--The existing reservation of 12-1/2% of vacancies filled by direct recruitment in favour of the Scheduled Castes will continue in the case of recruitment of posts and services made, on an all-India basis, by open competition, i.e., through the Union Public Service Commission or by means of open competitive tests held by any other authority. Where recruitment is made otherwise than by open competition the reservation for Scheduled Castes will be 16-2/3% as at present..... 3. The reservations prescribed in the previous paragraph will apply in the case of recruitment made on an all-India basis. Under the Constitution all citizens of India are eligible for consideration for appointment to posts and services under the Central Government irrespective of their domicile or place of birth and there can be no recruitment to any Central Service which is confined by rule to the inhabitants of any specified area. In practice however recruitment to Class I and Class II services and posts is likely to attract candidates from all over India and will be on a truly all-India basis, while for the majority of Class III services and posts which are filled otherwise than through the Union Public Service Commission only those residing in the area or locality in which the Office is located are likely to apply. In the latter class of cases the percentages of reservations for Scheduled Castes and Scheduled Tribes will be fixed by Government taking into account the population of the Scheduled Casts and Scheduled Tribes in that area." (emphasis added) 13. The Government of India from the Ministry of Home Affairs, New Delhi, issued D.O. Letter No.14016/2/74-GP, dated 2. In the latter class of cases the percentages of reservations for Scheduled Castes and Scheduled Tribes will be fixed by Government taking into account the population of the Scheduled Casts and Scheduled Tribes in that area." (emphasis added) 13. The Government of India from the Ministry of Home Affairs, New Delhi, issued D.O. Letter No.14016/2/74-GP, dated 2. 1974, wherein the following instruction was issued: "So far as reservation for Scheduled Castes/Tribes candidates in posts/services under the Central Government are concerned, the concession is admissible to all Scheduled Castes and Scheduled tribes which have been recognised as such under the orders issued from time to time irrespective of the State/Union Territory in relation to which particular castes or tribes have been recognised as Scheduled Caste/Scheduled Tribe. Thus for a reserved vacancy in a Central Government office located in a State, any scheduled Caste candidate throughout the country would be eligible. Since Pondicherry is a Union Territory, all orders regarding reservation for Scheduled Castes/Tribes issued by the Department of Personnel in respect of posts/services under the Central Government are applicable to posts/services under the Pondicherry Administration also, as such a Scheduled Caste/Tribe candidate from outside Pondicherry would also be eligible for a vacancy reserved for Scheduled Caste/Tribes in the U.T. Administration." The aforesaid letter dated 2. 1974 was circulated by the Government of Pondicherry, vide G.O.Ms.No.24, dated 12. 1974 issued from the General Administrative Department, with the following guidelines: "3. In view of the clarifications of the Government of India, all Secretariat Department, Heads of Departments/Offices are informed that Scheduled Castes/Tribes candidates from outside the Union Territory of Pondicherry should also be considered for appointment to posts reserved for Scheduled Castes/Tribes in this Administration. These instructions should be followed strictly." 14. When the question relating to grant of Community Certificate was raised, the Government of Pondicherry, from its Revenue Department, vide Circular No.9330/82/J, dated 4. 1983, forwarded the following instructions of the Government of India: "4. The request of the Sangam has been examined in the light of the instructions of the Government of India on the subject. The important instructions are reproduced below:- .(i) The person and his parents actually should belong to the community claimed and that the community should be included in the Presidential orders vide the Constitution (Pondicherry Scheduled Caste Order 1964) issued in GSR 419 dated 5th March, 1964. The important instructions are reproduced below:- .(i) The person and his parents actually should belong to the community claimed and that the community should be included in the Presidential orders vide the Constitution (Pondicherry Scheduled Caste Order 1964) issued in GSR 419 dated 5th March, 1964. .(ii) The person should belong to the State in respect of which the community has been scheduled. (iii) He should process either Hindu or Sikh religion; .(iv) Where a person has migrated from one State to another, he can claim to belong to a Scheduled caste only in relation to the State to which he originally belonged and not in respect of the State to which he has migrated. .(v) The residence for the purpose is not to be understood in the literal or ordinary sense of the word. On the other hand, it connotes the permanent residence of a person on the date of the notification of the Presidential Order scheduling his caste in relation to that locality. Thus a person who is temporarily away from his permanent place of abode at the time of the notification of the Presidential Order applicable in his case, say, for example, to earn a living or seek education, etc., can also be regarded as a Scheduled caste if his caste has been specific in that order in relation to his state. But he cannot be treated as such in relation to the place of his temporary residence notwithstanding the fact that the name of his caste has been scheduled in respect of that area in any Presidential Order. It is to ensure the veracity of this permanent residence of a person and that of the caste to which he claims to belong, the Government of India have made a special provision in the proforma prescribed for issue of such community certificate. .(vi) The Government of India have advised that such certificates should be issued only by the revenue authorities. (vii) Before 18th November 1982, children of Scheduled caste persons who have migrated from one state to another have to obtain community certificates from the authorities of the State from which they (or their parents) have migrated. This position has changed from 18th November 1982. (vii) Before 18th November 1982, children of Scheduled caste persons who have migrated from one state to another have to obtain community certificates from the authorities of the State from which they (or their parents) have migrated. This position has changed from 18th November 1982. The Government of India have stated that the prescribed authority of the State Government may issue certificate to a person who has migrated from another state on the production of genuine certificates issued to his father/mother by the prescribed authority of the State of fathers/mothers origin except where the prescribed authority feels that detailed enquiry is necessary, through the State of original irrespective of the fact whether the caste in question is scheduled or not in relation to the State to which the person has migrated. The form of the certificate has also been suitably modified by the Government of India." (emphasis added). 15. The Government of India from its Ministry of Home Affairs, vide Letter No.BC.16014/1/82/SC&BCD-I, dated 22. 1985, clarified that, "a Scheduled Caste/Tribe person who has migrated from the State of origin to some other State for the purpose of seeking education, employment, etc., will be deemed to be a Scheduled Caste/Tribe of the State of his origin and shall be entitled to derive benefits from the State of origin and not from the State to which he has migrated." By the aforesaid letter dated 22. 1985, it was for the first time the words "State of origin" were informed and a definite guideline was issued by the Union of India with regard to those who migrated from other State. 16. When further clarification was sought for with regard to the appointment of migrant Scheduled Castes and Scheduled Tribes in the Union Territory of Pondicherry, the Government of India, from its Ministry of Welfare, vide Letter No.17012/82/95-SCD V, dated 6th October, 1995 issued the following instructions to the Government of Pondicherry: "Sir, I am directed to refer to your letter No.A.27265/12-23/CS(EC)/95, dated 29. 1995 on the above subject and to say that according to para 9 of Ministry of Home Affairs (now D.O.P.A) O.M.No.42/21/49-NGS, dated 21. 1952, the Central Government instructions apply mutatis, mutandis to all Part C States (now UTs) as well. Such UTs have therefore to follow all Central Government instructions. 1995 on the above subject and to say that according to para 9 of Ministry of Home Affairs (now D.O.P.A) O.M.No.42/21/49-NGS, dated 21. 1952, the Central Government instructions apply mutatis, mutandis to all Part C States (now UTs) as well. Such UTs have therefore to follow all Central Government instructions. In view of the position explained above, Pondicherry being Union Territory, services under the Administration will be open to all the SC/ST irrespective of their state of origin. Further, in regard to posts filled on all-India basis through U.P.S.C. or S.S.C. on open competition basis, SC/ST candidates irrespective of their state of origin can apply. In regard to the posts filled through SSC, Madras, all the SC/ST candidates from the Southern Region will be eligible to apply. In the case of Group C or D posts filled through the local Employment Exchange in Pondicherry, reservation for SCs is allowed @ 16% based on the population of SCs in the U.T. and as such only local persons are allowed to register their names in the Employment Exchange, as in the case of other States/UTs. If persons from outside the UT are not allowed to register their names with the local Employment Exchange, benefits of reservation will be available to local SCs, only." 17. A number of migrant Scheduled Caste candidates were selected against quota reserved for Scheduled Castes of the Union Territory of Pondicherry on the basis of Selection Grade Teachers held in 1995. The Central Administrative Tribunal (Madras Bench) by its judgment dated 11. 1996 allowed Original Application Nos.199/1996 and 214 of 1996, etc., declaring the selection of migrant Scheduled Castes, as illegal and invalid, with a further direction to review the selection process with regard to the reserved quota, after excluding the migrant Scheduled Caste, who had migrated after the relevant Notification, issued in the year 1964. Against such order of the Central Administrative Tribunal, S.Pushpa and others moved before the Supreme Court (reported in 2005 (3) SCC 1 (supra) ). On appreciation of Article 341 of the Constitution of India, 1964 Scheduled Castes Order and the order passed by the Government of India, vide letter No.14016/2/74-GP, dated 2. 1974, issued from the Ministry of Home Affairs, the Supreme Court made the following observations at paragraph 21, which have been referred to in the impugned G.O.Ms.Nos.11 and 12 (supra), dated 8. 2005: "21. 1974, issued from the Ministry of Home Affairs, the Supreme Court made the following observations at paragraph 21, which have been referred to in the impugned G.O.Ms.Nos.11 and 12 (supra), dated 8. 2005: "21. Clauses (1) and (2) of Article 16 guarantee equality of opportunity to all citizens in the matter of appointment to any office or of any other employment under the State. Clauses (3) to (5), however, lay down several exceptions to the above rule of equal opportunity. Article 16(4) is an enabling provision and confers a discretionary power on the State to make reservation in the matter of appointments in favour of "backward classes of citizens" which in its opinion are not adequately represented either numerically or qualitatively in services of the State. But it confers no constitutional right upon the members of the backward classes to claim reservation. Article 16(4) is not controlled by a Presidential Order issued under Article 341(1) or Article 342(1) of the Constitution in the sense that reservation in the matter of appointment on posts may be made in a State or Union Territory only for such Scheduled Castes and Scheduled Tribes which are mentioned in the Schedule appended to the Presidential Order for that particular State or Union Territory. This article does not say that only such Scheduled Castes and Scheduled Tribes which are mentioned in the Presidential Order issued for a particular State alone would be recognised as backward classes of citizens and none else. If a State or Union Territory makes a provision whereunder the benefit of reservation is extended only to such Scheduled Castes or Scheduled Tribes which are recognised as such in relation to that State or Union Territory then such a provision would be perfectly valid. However, there would be no infraction of clause (4) of Article 16 if a Union Territory by virtue of its peculiar position being governed by the President as laid down in Article 239 extends the benefit of reservation even to such migrant Scheduled Castes or Scheduled Tribes who are not mentioned in the Schedule to the Presidential Order issued for such Union Territory. The UT of Pondicherry having adopted a policy of the Central Government whereunder all Scheduled Castes or Scheduled Tribes, irrespective of their State are eligible for posts which are reserved for SC/ST candidates, no legal infirmity can be ascribed to such a policy and the same cannot be held to be contrary to any provision of law." 18. While the learned counsel appearing for the respondents referred to the Government of Indias circulars issued from time to time including the Resolution dated 19. 1950 and the letter 10. 1995, also submitted that it is only against Class I & II posts (Group A and B posts) which are filled up against on "All India" basis, through the UPSC, the guideline issued by the Government of India, dated 2. 1974, was followed by giving opportunity to the Scheduled Castes/Scheduled Tribes of other States. So far as Class III and IV posts (Group C and D posts) are concerned, all the time since 1950, it was ordered and followed to fill up those posts only from those Scheduled Castes/Scheduled Tribes declared for the Union Territory of Pondicherry, i.e. Scheduled Castes/Scheduled Tribes of the Union Territory of Pondicherry origin and not from other, such as migrant Scheduled Castes and Scheduled Tribes of other States. On the other hand, as noticed earlier, the main stand taken by the petitioner-Association is that the Central Governments direction dated 2. 1974 being still valid, as noticed by the Supreme Court in the case of S.Pushpa (supra), the reservations are to be given to all Scheduled Castes including those who are of the origin of the Union Territory of Pondicherry and also to those who have migrated from other States and subsequently settled there. It was submitted that the criteria of the resident having been laid down by the "President" in 1964 Presidential Order, the said criteria cannot be altered by using the words "Scheduled Castes of Union Territory of Pondicherry Origin". 19. The stand taken by the petitioner-Association that the Government of Pondicherry has no jurisdiction to alter the 1964 Scheduled Castes Order, is misconceived, as the Government of Pondicherry has not made any alteration in the said 1964 Scheduled Castes Order. 20. 19. The stand taken by the petitioner-Association that the Government of Pondicherry has no jurisdiction to alter the 1964 Scheduled Castes Order, is misconceived, as the Government of Pondicherry has not made any alteration in the said 1964 Scheduled Castes Order. 20. Whether any authority of a State/Union Territory or a Court of Law, can determine the issue as to whether a "Caste" is a Scheduled Caste or a Tribe is a "Scheduled Tribe", fell for consideration before the Supreme Court from time to time. Taking into consideration the different decisions of the Supreme Court, in the case of "State of Maharashtra vs. Milind, reported in AIR 2001 SC 393 , a Constitution Bench of the Supreme Court held as follows: "10. ...... The words "castes or tribes in the expression Scheduled Castes and Scheduled Tribes are not used in the ordinary sense of the terms but are used in the sense of the definitions contained in Articles 366 (24) and 366 (25). In this view, a caste is a Scheduled Caste or a tribe is a Scheduled Tribe only if they are included in the Presidents Orders issued under Articles 341 and 342 for the purpose of the Constitution. Exercising the powers vested in him, the President has issued the Constitution (Scheduled Castes) Order, 1950 and the Constitution (Scheduled Tribes) Order, 1950. Subsequently, some Orders were issued under the said Articles in relation to Union Territories and other States and there have been certain amendments in relation to Orders issued, by Amendment Acts passed by the Parliament. 11. Plain language and clear terms of these Articles show (1) the President under Clause (1) of the said Articles may with respect to any State or Union Territory and where it is a State, after consultation with the Governor, by public notification specify the castes, races or tribes or parts of or groups within the castes, races or tribes which shall for the purposes of the Constitution be deemed to be Scheduled Castes/Scheduled Tribes in relation to that State or Union Territory as the case may be; (2) Under Clause (2) of the said Articles, a notification issued under Clause (1) cannot be varied by any subsequent notification except by law made by Parliament. .... .... It appears that the object of Clause (1) of Articles 341 and 342 was to keep away disputes touching whether a caste/tribe is a Scheduled Caste/Scheduled Tribe or not for the purpose of the Constitution. Whether a particular caste or a tribe is Scheduled Caste or Scheduled Tribe as the case may be within the meaning of the entries contained in the Presidential Orders issued under Clause (1) of Articles 341 and 342 is to be determined looking to them as they are. Clause (2) of the said Articles does not permit any one to seek modification of the said orders by leading evidence that the caste/tribe (A) alone is mentioned in the Order but caste/tribe (B) is also a part of caste/tribe (A) and as such caste/tribe (B) should be deemed to be a Scheduled Caste/Scheduled Tribe as the case may be. It is only the Parliament that is competent to amend the Orders issued under Articles 341 and 342. ..... " Similar observation was made by the Supreme Court in the case of "E. V.Chinnaiah vs. State of A.P.," reported in 2005 (1) SCC 394 , wherein the Supreme Court observed as follows: "13. This indicates that there can be only one list of Scheduled Castes in regard to a State and that list should include all specified castes, races or tribes or part or groups notified in that Presidential List. Any inclusion or exclusion from the said list can only be done by Parliament under Article 341(2) of the Constitution. In the entire Constitution wherever reference has been made to "Scheduled Castes" it refers only to the list prepared by the President under Article 341 and there is no reference to any subclassification or division in the said list except, maybe, for the limited purpose of Article 330, which refers to reservation of seats for Scheduled Castes in the House of the People, which is not applicable to the facts of this case. It is also clear from Article 341 that except for a limited power of making an exclusion or inclusion in the list by an Act of Parliament there is no provision either to subdivide, subclassify or subgroup these castes which are found in the Presidential List of Scheduled Castes. It is also clear from Article 341 that except for a limited power of making an exclusion or inclusion in the list by an Act of Parliament there is no provision either to subdivide, subclassify or subgroup these castes which are found in the Presidential List of Scheduled Castes. Therefore, it is clear that the Constitution intended all the castes including the subcastes, races and tribes mentioned in the list to be members of one group for the purpose of the Constitution and this group could not be subdivided for any purpose. A reference to the Constituent Assembly in this regard may be useful at this stage." "38. .... This we think is for the obvious reason, i.e. the Constitution itself has kept the Scheduled Castes and Scheduled Tribes List out of interference by the State Governments." 21. Thus, it is clear that the State Government/Union Territory has no jurisdiction to alter the Presidential Order issued under Article 341 of the Constitution of India, but that is not the position in the present case and no alteration has been made by the Government of Pondicherry amending the 1964 Pondicherry Scheduled Castes Order. 22. A candidate recognised as a member of Scheduled Caste/Scheduled Tribe in his original State, on his migration to another State, is not entitled to get the benefit of reservation of seats. It is however for the Legislature to make appropriate legislation to effectively deal with the situation where the migration is involuntary such as due to transfer of places of employment or profession of the candidates parent. This was the finding of the Constitution Bench of the Supreme Court in the case of "Marri Chandra Vs. Dean, S.G.S. Medical College", reported in 1990 (3) SCC 130 . 23. So far as the case of "S.Pushpa", reported in 2005 (3) SCC 1 (supra) is concerned, the said case related to appointment of Teachers in the Union Territory of Pondicherry. In the said case, the Supreme Court, having noticed the decision in the case of "Marri Chandra" reported in 1990 (3) SCC 130 (supra), the Central Governments Order dated 2. 1974, as circulated by the Government of Pondicherry, vide Order dated 12. 1974 and the subsequent order of the Ministry of Welfare, Government of India, contained in the Letter dated 10. 1995, observed as follows: "16. 1974, as circulated by the Government of Pondicherry, vide Order dated 12. 1974 and the subsequent order of the Ministry of Welfare, Government of India, contained in the Letter dated 10. 1995, observed as follows: "16. These documents show that the Government of Pondicherry has throughout been proceeding on the basis that being a Union Territory, all orders regarding reservation for SC/ST in respect of posts/services under the Central Government are applicable to posts/services under the Pondicherry Administration as well. Since all SC/ST candidates which have been recognised as such under the orders issued by the President from time to time irrespective of the State/Union Territory, in relation to which particular castes or tribes have been recognised as SCs/STs are eligible for reserved posts/services under the Central Government, they are also eligible for reserved posts/services under the Pondicherry Administration. Consequently, all SC/ST candidates from outside the UT of Pondicherry would also be eligible for posts reserved for SC/ST candidates in the Pondicherry Administration. Therefore, right from the inception, this policy is being consistently followed by the Pondicherry Administration whereunder migrant SC/ST candidates are held to be eligible for reserved posts in the Pondicherry Administration." "17. We do not find anything inherently wrong or any infraction of any constitutional provision in such a policy. The principle enunciated in Marri Chandra Shekhar Rao ( 1990 (3) SCC 130 : 1990 (14) ATC 671) cannot have application here as UT of Pondicherry is not a State. As shown above, a Union Territory is administered by the President through an Administrator appointed by him. In the context of Article 246, Union Territories are excluded from the ambit of the expression "State" occurring therein. This was clearly explained by a Constitution Bench in T.M.Kanniyan v. ITO ( 1968 (2) SCR 103 : AIR 1968 SC 637 ). In New Delhi Municipal Council v. State of Punjab ( 1997 (7) SCC 339 ) the majority has approved the ratio of T.M. Kanniyan ( 1968 (2) SCR 103 : AIR 1968 SC 637 ) and has held that the Union Territories are not States for the purpose of Part XI of the Constitution (para 145). The Tribunal has, therefore, clearly erred in applying the ratio of Marri Chandra Shekhar Rao ( 1990 (3) SCC 130 : 1990 (14) ATC 671) in setting aside the selection and appointment of migrant SC candidates." "18. .... The Tribunal has, therefore, clearly erred in applying the ratio of Marri Chandra Shekhar Rao ( 1990 (3) SCC 130 : 1990 (14) ATC 671) in setting aside the selection and appointment of migrant SC candidates." "18. .... The UT of Pondicherry having consistently followed the policy of the Central Government where all Scheduled Caste candidates were given the benefit of reservation, the selection made following the said policy could not be held to be suffering from any legal infirmity on the principle laid down in Marri Chandra Shekhar Rao ( 1990 (3) SCC 130 : 1990 (14) ATC 671)." "19. Much emphasis has been laid by learned counsel for contesting respondents upon the expression "in relation to that State or Union Territory, as the case may be" occurring in clause (1) of Article 341 of the Constitution, and it has been urged that only such of the castes as are mentioned in the Schedule appended to the Constitution (Pondicherry) Scheduled Castes Order, 1964 issued by the President can be deemed to be Scheduled Castes in relation to the UT of Pondicherry and none else and, consequently, migrant SC candidates would not be eligible at all." "20. .... Though, a migrant SC/ST person of another State may not be deemed to be so within the meaning of Articles 341 and 342 after migration to another State but it does not mean that he ceases to be an SC/ST altogether and becomes a member of a forward caste." "21. Clauses (1) and (2) of Article 16 guarantee equality of opportunity to all citizens in the matter of appointment to any office or of any other employment under the State. Clauses (3) to (5), however, lay down several exceptions to the above rule of equal opportunity. Article 16(4) is an enabling provision and confers a discretionary power on the State to make reservation in the matter of appointments in favour of "backward classes of citizens" which in its opinion are not adequately represented either numerically or qualitatively in services of the State. But it confers no constitutional right upon the members of the backward classes to claim reservation. But it confers no constitutional right upon the members of the backward classes to claim reservation. Article 16(4) is not controlled by a Presidential Order issued under Article 341(1) or Article 342(1) of the Constitution in the sense that reservation in the matter of appointment on posts may be made in a State or Union Territory only for such Scheduled Castes and Scheduled Tribes which are mentioned in the Schedule appended to the Presidential Order for that particular State or Union Territory. This article does not say that only such Scheduled Castes and Scheduled Tribes which are mentioned in the Presidential Order issued for a particular State alone would be recognized as backward classes of citizens and none else. If a State or Union Territory makes a provision where under the benefit of reservation is extended only to such Scheduled Castes or Scheduled Tribes which are recognized as such in relation to that State or Union Territory then such a provision would be perfectly valid. However, there would be no infraction of clause (4) of Article 16 if a Union Territory by virtue of its peculiar position being governed by the President as laid down in Article 239 extends the benefit of reservation even to such migrant Scheduled Castes or Scheduled Tribes who are not mentioned in the Schedule to the Presidential Order issued for such Union Territory. The UT of Pondicherry having adopted a policy of the Central Government where under all Scheduled Castes or Scheduled Tribes, irrespective of their State are eligible for posts which are reserved for SC/ST candidates, no legal infirmity can be ascribed to such a policy and the same cannot be held to be contrary to any provision of law." 24. From the judgment as referred to above, it would be clear that though the Government of Pondicherry has no jurisdiction to amend or alter the Presidential Order issued under Articles 341 and 342 of the Constitution of India, but it has powers to make a provision extending the benefit of reservation to a Scheduled Caste/Scheduled Tribe, which has been recognised as such in relation to other State or other Union Territories, apart from the Scheduled Caste/Scheduled Tribe of the Union Territory of Pondicherry. The corollary is that the Government of Pondicherry may not extend such discretionary power to the Scheduled Castes/Scheduled Tribes who are recognised as such in relation to other State and may limit the reservation only to the Scheduled Castes/Scheduled Tribes of the Union Territory of Pondicherry. 25. In the present case, it has not been shown that the President (through Central Government) has issued any order to the Administrator (Lieutenant Governor) of Union Territory of Pondicherry in exercise of powers conferred under Article 246 of the Constitution of India, directing the Government of Pondicherry to extend the benefit of reservation to all the Scheduled Castes/Scheduled Tribes, which are recognised as such in relation to the other States (i.e. those who have migrated). 26. The guideline as was issued vide letter No.14016/2/74-GP, dated 2. 1974 by the Joint Secretary to the Government of India, Ministry of Home Affairs, New Delhi, circulated by the Government of Pondicherry vide G.O.Ms.No.24, dated 12. 1974, issued from General Administrative Department) stands superseded by the guideline issued by the Government of India by Letter No.17012/82/95-SCD-V, dated 10. 1995, whereby it was informed that only the post filled up on "All India" basis through the UPSC or the SSC on open competition basis, the Scheduled Caste/Scheduled Tribe candidates irrespective of their State of origin can apply, but in case of Group-C and D posts, filled through the local Employment Exchange in Pondicherry, reservation for Scheduled Castes is allowed and as such, only to local persons registered with the Employment Exchange. 27. In view of the Supreme Court decision in S.Pushpa (supra) and discussions as made above, we hold that the Government of Pondicherry is well within the jurisdiction to issue the impugned Government Orders, both dated 8. 2005 and such orders are also not against any order issued by the President of India. Both the impugned Government Orders being legal and proper, are upheld. 28. In the absence of any merits, both the Writ Petitions are dismissed. But in the facts and circumstances of the case, there shall be no order as to costs.