Summary
A person recognized as a Scheduled Tribe in a State could not claim Scheduled Tribe housing-allotment benefits in Chandigarh, where no Presidential notification recognized that tribe. The Housing Board’s advertisement could not create such eligibility or override Article 342.
Issues
- Whether a person recognized as a Scheduled Tribe in another State could claim reserved housing allotment in Chandigarh without a Presidential notification for the Union Territory.
Provisions considered
- Article 342, Constitution of IndiaA Presidential order specifying a Scheduled Tribe for a State or Union Territory is required before benefits can be extended to that community there; an administrative advertisement cannot supply the missing notification. (¶ 20-32)
Held
- Recognition as a Scheduled Tribe in one State does not confer that status in a Union Territory where the Presidential Order does not specify the community. (¶ 20-30)
- The Housing Board lacked authority to reserve allotments for Scheduled Tribes in Chandigarh without the required Presidential notification. The advertisement did not create an entitlement or estoppel against the Board. (¶ 25-32)
Result
The appeal was allowed and the judgments below were set aside.