Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979, Regulation 25 – Constitution of India, Article 342 -Allotment of houses – Reservation – Scheduled Tribes – Held that the public notification of ‘tribes or tribal communities’ by the President of India, upon consultation with the Governor, is a sine qua non for deeming such tribes or tribal communities to be ‘Scheduled Tribes’ in relation to that State or Union Territory for the purposes of the Constitution – A person belonging to a group that is recognized as a Scheduled Tribe in a State would be recognized a Scheduled Tribe only within the said State and not in a U.T. where he migrates if no such Presidential notification exists in the said U.T. – Merely because the appellant had issued a Notification calling for applications from both Scheduled Castes and Scheduled Tribes did not confer any benefit by that Notification on the respondent herein when there is no Presidential Order at all under Article 342 of the Constitution of India issued with regard to Scheduled Tribes insofar as Union Territory of Chandigarh is concerned – The said basic foundational fact goes against the respondent herein and the invitation given by the appellant/Housing Board to Scheduled Tribes was in fact contrary to the said basic tenets as well as the prevalent law and by that reason, the respondent herein cannot also seek any estoppel as against the appellant herein – Letter dated 21.09.1983 (Exhibit P-8) expressly noted that there are no Scheduled Tribes notified for Union Territory of Chandigarh but there are general instructions on reservation for Scheduled Tribes enunciated in Appendix-3 Note 2 on the Brochure on Reservation of Scheduled Castes and Scheduled Tribes – Held that the said Brochure cannot override Article 342 of the Constitution of India which empowers the President of India to notify the Scheduled Tribes either for a State or for an Union Territory – Impugned judgment of the High Court affirming the judgment of the First Appellate Court, which in turn affirms the judgment of the Trial Court are all liable to be set aside – Appeal is allowed in the aforesaid terms. (Para 17, 35 to 37)
SUPREME COURT OF INDIA
2024 STPL(Web) 107 SC
[2024 INSC 119]
Chandigarh Housing Board Vs. Tarsem Lal
Civil Appeal No. 1788 of 2024(Arising out of Special Leave Petition (Civil) No.1663 of 2019)-Decided on 7-2-2024
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