reported in AIR 2005 Supreme Court 1038, in case of recruitment in Union Territory of Pondicherry has held that considering Pondicherry to be Union Territory, administered by President, the employment to the post in the administration of the said Territory would be available to the reserved category of Scheduled Castes not only from the Territory, but, also for the Scheduled Castes from other States and Union Territories' in the country. In our opinion, considering that these are appointments to a post in the Government of India or a Government organisation, it is not possible to restrict employment to Scheduled Castes of only those States where the establishment is located, unless there are rules which would be constitutionally permissible. It is in these circumstances, the Government recognising the constitutional imperative in August, 1992 issued clarification, that make employment available to all Scheduled Castes and Scheduled Tribes from the other States also. At the highest when recruitment is being done on local basis all that is required is that the candidate's name is on the list of the local employment exchange. In the event the local employment exchange does not forward their names as per rules, the names are also to be called from Scheduled Castes organisations in that State from the records maintained by them. This has been done in the instant case. It cannot therefore be said that the petitioner was ineligible for consideration.
