All caste certificates and benefits of reservation will continue to be given on the basis of Presidential Order issued in 1964 which means the members of 15 notified castes be deemed to be scheduled castes who are the ‘residents’ of Union Territory alone can enjoy the benefits.
The order was issued by the Puducherry Government in pursuance of a direction of the Madras High Court last June 11 on a petition filed by Pondicherry Scheduled Caste Peoples’ Welfare Association. The division bench also had directed the Chief Secretary of Puducherry to consider the association’s representation dated February 5. In the representation, they pointed out that the reservation benefits available to the ‘migrant’ Scheduled Caste people have been denied. The court had directed authorities to consider the representation and pass appropriate orders as expeditiously as possible.
Originally, the Supreme Court in last August struck down orders of Puducherry Government extending reservation benefits only to those who settled on or before 1964. In 2005, the government issued two orders extending reservation benefits only to the scheduled community people who settled on or before 1964 while others were excluded to enjoy those benefits. From 2005, the authorities insisted on applicants furnishing a proof of origin. Those who submitted such proof were given SC certificates and allowed to enjoy reservation benefits while others were categorised as ‘SC Migrants’ and denied such benefits.
Quashing the Puducherry Government’s orders, the apex court pointed out that orders were not being in conformity and consonance with Presidential order issued in 1964. The Bench also said “the interpretation of ‘resident’ in the Presidential Order as ‘of origin’ amounts to altering it.”
Following recent order of the Madras High Court, the Chief Secretary Manoj Kumar Parida gave a personal hearing on June 16 to the members of the association. Subsequently the government has passed a detailed order. “To conclude in simple words, the Supreme Court has categorically affirmed that only 15 castes mentioned in the Presidential Order 1964 will be treated as SC in respect of Union Territory of Puducherry provided they are residents of this UT,” Mr. Parida stated in his order.
Only 15 mentioned castes will be treated as scheduled castes
