The State Government or Union Territory Administration cannot forced or legislate on requirement of local residence of Scheduled Castes or Scheduled Tribes for employment under the State Government or Union Territory Administration.

                    

             Under the Articles 341 (1) and 342 (1), those castes, tribes and race who are notified as Scheduled Castes or Scheduled Tribes in relation to that State or Union Territory, are entitled to all reservation benefits under the Scheme of Constitution of India is reinforced by the Presidential Notification in any State or Union Territories. Only Parliament can add castes, tribes and race or include such other castes, tribes and race in existing notification under the Articles 341 (2) or Article 342 (2) and such Scheduled Castes or Scheduled Tribes which is requirement of local residence in relation to that State or Union Territory for reservation in employment can only forced by Parliament by making a law under Article 16 (3) of the Constitution of India for prior to such employment or appointment within a State or Union Territory. The State Government or Union Territory Administration cannot legislate on this aspect; nor can the executives of Union or State Government, add to or alter the exiting list of Scheduled Castes or Scheduled Tribes notification issued in relation to a State or Union Territory, either through State legislation or through policies or orders or letters or circulars.

Prejudicial to national Interest is punishable

               The Indian Penal Code 1860 is providing under Section 153-A  that " Promoting enmity between different groups on ground of religion, race, place of birth, residence, language etc. and doing acts prejudicial to maintenance of harmony by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote on grounds of religion, race, place of birth, residence, language , caste or community or any other ground whatsoever, disharmony  or feeling of enmity, hatred or ill will between different religious, racial , language or regional groups or castes or communities shall be punishable with imprisonment which may extend to five years and shall also be liable to fine." 

Rules for Union Territories Employees

Rule 2 of the Conditions of Service of Union Territories Employees Rules, 1959 which were issued by the President in pursuance of the powers conferred by Article 309 of the Constitution of India.

Rule 2 .Conditions of Service of persons appointed to the Central Civil Service and posts under the     administrative  control of certain administrators;

            The conditions of service of persons appointed to the Central Civil Services and posts Class I. Class II, Class III and Class IV under the administrative control of the Administrators of the Union Territories of Delhi., Himachal Pradesh, Manipur and Tripura, shall, subject to any other provision made by the President, be the same as the Conditions of Services appointed to other corresponding Central Civil Services and Posts, and be governed by the same rules and orders as referred,  for the time being applicable to the latter category of persons.

My Struggle in A & N Islands for establishment of equality for Scheduled Tribes and Scheduled Castes for the matter of Public Employment.

   

         

                    "Tribal's Conference" Organised by The Indian Tribals Welfare Association at Port Blair in A & N Islands. My struggle in A & N Islands for establishment of  equality for Scheduled Tribes and Scheduled Castes for the matter of Public Employment under the various State Governments and Union Territories Administrations.

Scheduled Tribes is Form a Single Class

           Article 366 (25) of the Constitution of India is define the meaning of Scheduled Tribes as those Castes /Races/Communities are Scheduled in the Presidential Orders according to the Article 342 of the Constitution of India and a List specific of Scheduled Tribes is State or Union Territory and a Caste/Race/Community declared as Scheduled Tribes in One State or Union Territory is not be need necessary Scheduled in another State or Union Territory.

         The Caste/Race/Community Once included in the Presidential List is form a Single Class of Scheduled Tribes by themselves. If they are One Class under the Constitution any Division or Classification of these Class of persons based on any consideration would be amount to tinkering with the Presidential List.

Public Employment under State and UT Government

           In respect of Public Employment under the State or Union Territory Government, there should be no discrimination for the Scheduled Castes or Scheduled Tribes on the ground of Castes, Place of birth, or Residence of One State/UT or another State/UT.

Definition of Scheduled Castes and Scheduled Tribes.

          Scheduled Castes or Scheduled Tribes means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under Article 341 or 342 to be Schedule Castes or Scheduled Tribes for the purposes of the Constitution of India, as the case may be.

             In our India there are deference castes,races and tribes in various State / Union Territory are deemed as Scheduled Castes or Scheduled Tribes by the Presidential notification is form a single (One) Class either Scheduled Castes or Scheduled Tribes.