In India, the Supreme Court has arranged in an important decision that in one state, the SC-ST person can not take advantage of reservation in government jobs by going to another state. However, this system will not be applicable in Delhi and other Union Territories. In this, people from all over the country can take advantage of reservation in jobs.

The Constitution Bench of five judges, headed by Justice Ranjan Gogoi, said in a unanimous decision on Thursday that a member of a Scheduled Caste can not be considered as belonging to Scheduled Castes in other states where it is intended for employment or education. This person does not go to take his SC-ST status to another state. It is of course that he can claim a reservation in his native state by staying there.

The court said that this claim can be made in the Union territories whose services have been considered as All India Services. Other members of the Constitution Bench include Justice NV Ramana, R Bhanumati, M Shantanagoudar and S A Nazir.

Although Justice Bhanumati expressed dissatisfaction with the view of majority in relation to the implementation of central reservation policy about SC-ST in the national capital, Delhi. The Constitution Bench gave this system to those petitions, in which the question was raised whether in one state can the person notified as SC-ST get reservation in another state?

Supreme Court said in Bir Singh Vs. Delhi Jal Board case that a state wants to give the benefit of reservation to the people of other states other than those notified in their state, then it will have to talk to the central government for this. The central government will amend the list of SC-ST for that state by the parliamentary process. The unilateral decision of the state will not be correct on the criteria of Article 16 (4) of this Constitution and this will spread constitutional lawlessness. Therefore, it can not be allowed at any cost.

The Constitution Bench said that as far as the national capital Delhi is concerned, subordinate services are clearly central services. Referring to the central service rules, the court said that as far as the services related to central government affairs are concerned, wherever its office is anywhere, whether it is in Delhi or in other state or in the region of central region, all the posts here Recruitment will be for all-India basis. The reservation will be at the All India level.

The Constitution Bench said that in view of Das Rule - 1967 and CCS rule - 1965, it adequately narrates the nature of the subordinate services of NCT Delhi. These are obviously general central services and perhaps this is the reason that the central government has said in the affidavit that the Delhi Administrative Subordinate Services is a feeder cadre for the Central Civil Services Group B. For this reason, the All India Eligibility Policy has been adopted completely. The court said that Delhi is a subtle India.

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