JUDGMENT & ORDER : The petitioner is a registered society representing the Scheduled Tribes (ST) employees of the Tripura Gramin Bank, which is a Bank constituted under the Regional Rural Banks Act, 1976. 2. Whenever in the past, recruitment was made in the clerical cadre, the policy of reservation was followed in terms of the Tripura Scheduled Castes and Scheduled Tribes Reservation Act, 1991 and Tripura Scheduled Castes and Scheduled Tribes Reservation Rules, 1992, as amended from time to time. 3. Recently, Tripura Gramin Bank, for purpose of recruitment, has engaged an agency, namely Institute of Banking Personnel Selection, the respondent No.6 herein. The respondent No.6 has been authorised to make recruitment in the clerical cadre posts. Accordingly, the said agency has selected 70 candidates, of which 34 are reserved candidates. The selected reserved candidates are found belonging to Scheduled Castes and Scheduled Tribes recognized in the other States, but not in Tripura. The Presidential Order, 1950 and 1956 recognizing the Scheduled Castes and Scheduled Tribes for the State of Tripura does not recognise the Scheduled Castes and Scheduled Tribes of some other region. In this regard, there is no dispute. 4. The petitioner has given an illustration that Barua, Boro, Mandi, Tudu, Saren, Tamang, Hembram, even though are the recognized Scheduled Tribes in the State of West Bengal, but they are not recognized in the State of Tripura. The petitioner has also averred that the provisions of the Tripura Scheduled Castes and Scheduled Tribes Reservation Rules, 1992, particularly Rule 5(2)(d) of the said Rules provides categorically that the Scheduled Castes and Scheduled Tribes not recognized by the Presidential Order, shall not be treated as the reserved candidates for purpose of employment in Tripura. The Tripura Gramin Bank has adopted the said reservation policy for purpose of recruitment in the clerical cadre and hence, there is no scope to select the reserved category candidates from other region, not recognized in the State of Tripura. Those persons, however, can be considered for the unreserved category. Having contemplated that the Tripura Gramin Bank may go by the selection of the said agency, the petitioner has filed this writ petition. 5. The petitioner has also averred that those candidates, who have been selected by the said agency, are not provided any selection letter as yet. Thus, the relief as urged in this writ petition is very short, viz. 5. The petitioner has also averred that those candidates, who have been selected by the said agency, are not provided any selection letter as yet. Thus, the relief as urged in this writ petition is very short, viz. to direct the Tripura Gramin Bank to follow the Tripura Scheduled Castes and Scheduled Tribes Reservation Rules, 1992 and no departure therefrom shall be made. A copy of the selection list of officers borne in the clerical cadre has been enclosed in the writ petition at Annexure-3 to the writ petition. It appears therefrom that the Scheduled Castes and Scheduled Tribes which are not recognized as the Scheduled Castes and Scheduled Tribes in the State of Tripura have been accommodated against the reserved category. 6. The respondent No.6 has surprisingly filed a separate reply and supported their action of incorporating the Scheduled Caste and Scheduled Tribe candidates from the other region. According to them, Section 3 of the Tripura Scheduled Castes and Scheduled Tribes Reservation Act, 1991 shall not apply in relation to any employees under the Central Government and, hence the provisions of the Tripura Scheduled Castes and Scheduled Tribes Reservation Act, 1991 and the Tripura Scheduled Castes and Scheduled Tribes Reservation Rules, 1992 cannot be made applicable in the present exercise. The respondent No.6 has also placed some decisions of various High Courts. 7. The respondent No.6 firstly has relied on a decision of the High Court of Bombay in Mohan Laxman Gamare Vs. Institute of Banking Personnel Selection (IBPS) & Anr. etc. [common judgment and order dated 07.05.2014 in W.P.(L) No.1042/2014 etc.], which according to this court is not at all relevant in the context of this case. Another decision of the High Court of Manipur in Shri Sapam Pariba Meitei & Anr. Vs. The Institute of Banking Personnel Selection & Anr. [order dated 08.08.2014 in W.P.(C) No.245/2014] has been referred, which according to this court does not have any relevance in this context. Another decision of the Delhi High Court in Institute of Banking Personnel Selection Vs. The Registrar, Central Information Commission & Ors. [order dated 15.10.2014 in W.P.(C) No.1384/2012] has also been referred. Again, this decision does not have any relevance in the present case. Another decision of the Delhi High Court in Institute of Banking Personnel Selection Vs. The Registrar, Central Information Commission & Ors. [order dated 15.10.2014 in W.P.(C) No.1384/2012] has also been referred. Again, this decision does not have any relevance in the present case. These are all relating to the issues of diverse nature, not relating to the issue of reservation-whether the reservation followed by the Central Government would be applicable in a Rural Bank or not. Similarly, the decision of the High Court of Jharkhand in Ruma Rani Sahay @ Reema Rani Sahay Vs. Managing Administration, Institute of Banking Personnel Selection (IBPS), Mumbai [order dated 05/21.05.2015 in W.P.(S) No. 2327/2013] has been relied and, according to this court the said order also does not have any relevance in the present context. Another decision of the Delhi High Court in Rajesh Pappy Vs. Union of India & Anr. [order dated 31.03.2016 in W.P.(C) No. 2211/2016 and C.M. Appl. No.9510/2016] has been relied without any relevance to the present context. All these decisions are generally concerned with the definition of the ‘State’ and whether the respondent No.6 is a ‘State’ within the meaning of Article 12 of the Constitution of India. Similarly, another decision of the Madhya Pradesh High Court in Surinder Singh Vs. Institute of Banking Personnel Selection [order dated 07.04.2016 in W.P. No.2946/2015] has been relied without any relevance on the issue, this court is investing its consideration. According to this court, the respondent No.6 has no authority to decide what reservation policy shall be applied for recruitment in the clerical cadre of Tripura Gramin Bank. They are alien to such consideration. 8. Tripura Gramin Bank by filing the reply has categorically stated that the Government of India’s instruction dated 01.12.1987 to follow the reservation rules of the State in case of direct recruitment to the clerical posts under Group-C be ineffective after implementation of the RRB (Appointment and Promotion of Officers and Employees) Rules, 2010, where the post of clerical cadre has been re-designated as Office Assistant (Multipurpose) under Group-B. Thus, the present process of recruitment is on All India basis by open competition and it is not a particular State based recruitment. Hence, the prayer of the petitioner in respect of recruitment of the Scheduled Castes and Scheduled Tribes candidates in the clerical cadre is that the bank-respondents shall reframe the select panel in terms of the Tripura Scheduled Castes and Scheduled Tribes Reservation Rules, 1992. The bank-respondents have stoutly contested the said claim. 9. By filing a supplementary affidavit, Tripura Gramin Bank has further asserted that [para 4 of the supplementary affidavit], the clerical posts in Tripura Gramin Bank used to be recruited on the basis of 100 point roster under the provisions of State Reservation Act but the policy has changed as would be evident from the notification dated 13.07.2010 issued by the Ministry of Finance, Government of India. Regional Rural Bank (Appointment and Promotion of Officers and Employees) Rules, 2010 particularly Rule 12 of the said Rules, according to the respondent-Bank, categorically provides that the provisions of Reservation Policy for reserved categories would be as per the guidelines of the Department of Personal and Training, Government of India and, as such there is no scope under the law to apply the provisions of reservation for the Scheduled Castes and Scheduled Tribes as per the guidelines of the Government of Tripura or under the State Reservation Act. However, the respond-Bank has stated that the State Reservation Policy can be made applicable for recruitment of Office Attendants only. 10. Mr. B.R. Bhattacharjee, learned senior counsel assisted by Mr. D.K. Biswas, learned counsel appearing for the petitioner has drawn attention of this court to the letter under No. F.8(23)/87-RRB dated 01.12.1987 (Annexure-2 to the writ petition) given by the Under Secretary to the Government of India, which provides as under: “The matter has been examined in consultation with the Department of Personnel and Training who have clarified that percentages of reservation in respect of posts in Group “C” and Group “D” i.e. clerical posts and posts of Sub-Staff in direct recruitment will be those as prescribed in above mentioned O.M. of 24.05.1985. But the percentages of reservation in other groups namely Group “A” and Group “B” will be at 15% for SC and 7.5% for ST in direct recruitment. Since the post of BDO (Ordinary) is in Group “B” (in any case not in Group “C”) you are requested to make reservations in the above rates for recruitment to posts of Officers in RRBs as per 40 Point roster.” 11. Mr. Since the post of BDO (Ordinary) is in Group “B” (in any case not in Group “C”) you are requested to make reservations in the above rates for recruitment to posts of Officers in RRBs as per 40 Point roster.” 11. Mr. Bhattacharjee, learned senior counsel has submitted that there is no departure from that policy by the Government of India. In this regard, he has referred to a circular under No. A36011/1/2013-Estt(Res) dated 23.01.2014 issued by the Under Secretary to the Government of India in the Ministry of Personnel Public Grievances & Pensions, Department of Personnel & Training on reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes in services, wherein it has been highlighted at para 2.4 as under: 2.4 Where recruitment is made for zones or circles or regions consisting of more than one State, the percentages of reservation for SCs and STs is generally fixed on the basis of the proportion of SCs and STs in the respective zones/circles/regions and reservation for OBCs is fixed keeping in view their proportion in the population of the respective zones/circles/regions subject to a limit of 27% and total reservation for SCs, STs and OBCs should not exceed 50%. Illustration: Suppose direct recruitment to a Group C post in an organization is made on the regional basis for the region consisting of the 8 States of the North East namely, Assam, Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Tripura and Sikkim. Total population of these States and population of the Scheduled 13 Castes and Scheduled Tribes in these States as per Census 2001 is 38,857,269; 2,486,474, and 10,465,898 respectively. Thus, the proportion of Scheduled Castes and Scheduled Tribes in the region is 6.39% and 26.93%. Estimated population of Other Backward Classes in the region is more than 27% of the total population of the region. Keeping all aspects in view, percentage of reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes for the region may be fixed as 6%, 27% and 17% respectively. Note 1: The expression 'by open competition' means all recruitments by Union Public Service Commission (UPSC) whether through written examination or by interview or by both; and recruitments made by other authorities including Staff Selection Commission or any other appointing authority through written competitive examination or tests (but not by interview alone). Note 1: The expression 'by open competition' means all recruitments by Union Public Service Commission (UPSC) whether through written examination or by interview or by both; and recruitments made by other authorities including Staff Selection Commission or any other appointing authority through written competitive examination or tests (but not by interview alone). Any recruitment not made by the UPSC or not made through written competitive test held by any other authority would mean direct recruitment otherwise than by open competition. 12. Mr. Bhattacharjee, learned senior counsel has further submitted that, that circular is not very exhaustive, but from it, a policy outline can be gathered. There cannot be any amount of dispute that the present recruitment is in respect of only the State of Tripura because the activities of Tripura Gramin Bank is confined only in the State of Tripura. Thus, the State policy of reservation shall be applied for recruitment in the clerical cadre and sub-staff cadre by whatever nomenclature or group they are known. In this regard Mr. Bhattacharjee, learned senior counsel has referred a decision of the apex court in Subhash Chandra and Anr. Vs. Delhi Subordinate Services Selection Board & Ors., reported in (2009) 15 SCC 458 , to show that Article 16(4) of the Constitution of India cannot be made applicable to grant the benefit of reservation who are not members of the Scheduled Castes and Scheduled Tribes under the Presidential Order for a particular State. However, the method would be different when the recruitment would be in respect of Central Government or All India Services. In Subhash Chandra (supra), the apex court has held as under: 66. Clause (4) of Article 16 of the Constitution, as noticed hereinbefore, cannot be made applicable for the purpose of grant of benefit of reservation for Scheduled Castes or Scheduled Tribes in a State or Union Territory, who have migrated to another State or Union Territory and they are not members of the Scheduled Castes and Scheduled Tribes. By virtue of Article 341, the Presidential Orders made under clause (1) thereof acquire an overriding status. But for Articles 341 and 342 of the Constitution, it would have been possible for both the Union and the States, to legislate upon, or frame policies, concerning the subject of reservation, vis-a-vis inclusion of Castes/Tribes. The presence of Articles 338, 338-A, 341, 342 in the Constitution clearly precludes that. [Emphasis supplied] 13. But for Articles 341 and 342 of the Constitution, it would have been possible for both the Union and the States, to legislate upon, or frame policies, concerning the subject of reservation, vis-a-vis inclusion of Castes/Tribes. The presence of Articles 338, 338-A, 341, 342 in the Constitution clearly precludes that. [Emphasis supplied] 13. Thus, the benefit of reservation cannot be given to a candidate from a community which is not a recognized Scheduled Tribe in the State of Tripura, and hence only the candidates who belong to the State of Tripura and are members of the Scheduled Castes and Scheduled Tribes of Tripura recognized by the Presidential Order under Article 341 and 342 of the Constitution of India, are the persons who will be able to take the benefit of such reservation, otherwise not. This court is of the considered view that in view of the said Government of India’s Policy, the 100 Point Roster would apply for recruitment for the posts of the Office Assistants (borne in the clerical cadre) and no SC/ST candidate from the other State or other region who are not recognized as the Scheduled Castes or Scheduled Tribes in the State of Tripura, can take advantage of the reservation policy. 14. Having held so, particularly in view of the ratio laid down in Subhash Chandra (supra) and the circular of the Government of India dated 23.01.2014, which is the part of this record, this court does not have any hesitation to hold that the 100 Point Roster shall be applied for recruitment in the vacancies in the clerical cadre (the Office Assistants). But, the Scheduled Caste and Scheduled Tribe candidates not belonging to the State of Tripura cannot be selected under the reserved category. The respondents are therefore, directed to publish a reframed select panel for purpose of recruitment to the post of Office Assistant within a period of 1(one) month from today in terms of the above and complete the process of recruitment in the said post. 15. In the result, the writ petition is allowed to the extent as indicated above. There shall be no order as to costs.