[1937]
GOVERNMENT OF PUDUCHERRY
SOCIAL WELFARE SECRETARIAT
(G.O. Ms. No. 15/SWS/2019-20, Puducherry, dated 7th August 2019)
NOTIFICATION
Whereas, the Hon’ble High Court of Madras by its Order, dated 22-04-2010
in W.P. No. 7359/2010 filed by the Puducherry Poorviga Kudimakkal Urimai
Padhukappu Peravai represented by its Secretary, was pleased to direct the
Government of Puducherry to consider the representation, dated 09-03-2010 of the
Petitioner Association which was submitted to this Administration and to pass
appropriate orders.
And whereas, the Petitioner Association in their representation, dated 09-03-2010
has requested the Government to fix the crucial date for determination of origin/
migrant Other Backward Classes (OBCs) as 01-11-1954, being the dated De-facto
Merger or 16-08-1962, being the date appointed in the Puducherry Administration Act,
or 05-03-1964 as applicable to the Puducherry Scheduled Caste people by virtue of
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No.
132
Poudouchéry
Jeudi
8
Août
2019 (17 Sravana 1941)
No.
Puducherry
Thursday
8th
August
2019
LA GAZETTE DE L'ETAT
[PART - I
1938
the Notification of the Constitution (Pondicherry) Scheduled Caste Order, 1964 and
to extend the Other Backward Class (OBC) beneficiary such as education,
employment opportunities to the wards of the people who domiciled in the former
French Establishment;
And whereas, pursuant to the formation of the State Level Commission for
Backward Classes Puducherry for the purpose of providing reservations to
Other Backward Classes (OBCs) in this Administration, the Government of
Puducherry superseding all the earlier notifications in connection with reservation
of Other Backward Classes (OBCs), had issued a fresh notification vide G.O. Ms.
No. 9/2001-Wel(SW-II), dated 19-2-2001, notifying 49 castes/communities, as Other
Backward Classes in the Union territory of Puducherry and in furtherance nine
notifications were issued on various dates, thereby, including 25 castes/communities,
so as to provide reservation benefits for the Other Backward Classes (OBCs);
And whereas, the Ministry of Social Justice and Empowerment vide letter
No.12017/1/2201-BCC, dated 25-11-2002 had addressed to all the States/
Union Territories, wherein, under paragraph 2 of the letter it was clearly stated as
follows:
“Further, it may be clarified that in the case of migrant Other Backward
Classes (OBCs), the crucial date for determining the Other Backward Class (OBC)
as migrant or origin should be taken as the date of issue of notification
applicable in the case of beneficiary. Similarly, in the case of persons born
after the date of issue of the relevant notification, the place of residence
for the purpose of acquiring Backward Classes status is the permanent
abode of their parent at the time of the issue of the notification under which
they claim to belong to such a caste/community.”
And whereas, this Administration has proposed to adhere to the directions
of Ministry of Social Justice and Empowerment, New Delhi issued vide letter, dated
25-11-2002 i.e., date of relevant notification is taken as crucial date for determining
the Other Backward Classes (OBCs) as origin/migrant in case of beneficiaries;
And whereas, the proposal was submitted before the Council of Ministers
on 18-08-2010 by the Welfare Secretariat and the Cabinet had resolved vide
Resolution No. 2010/M.23/196, dated 18-08-2010 to get the advice of the National
Commission for Backward Classes and also the Government of India in this regard
for arriving a decision considering the fact that fixing a cut-off date for Other
Backward Classes (OBCs) and also to seek the Hon’ble High Court of Madras for
extension of more time for filing reply. Accordingly, the views/advice of the National
Commission for Backward Classes and Ministry of Social Justice and Empowerment,
New Delhi, has been obtained;
And whereas, the National Commission for Backward Classes, New Delhi
vide its reply, dated 19-11-2010 had advised this Administration to comply with the
order of the Hon’ble High Court while observing that the Government of Puducherry
cannot rely upon the advise of the outside agency in order to form its own views
in the matter.
And whereas, the proposal was re-submitted by the Welfare Secretariat
before the Cabinet and the Council of Ministers vide “Resolution No. 2016/M.02/9,
dated 05-07-2016” had resolved to adopt ‘19th February, 2001’ as the crucial date
for determining the status of origin/migrants Other Backward Classes (OBCs) in
the Union territory of Puducherry;
PART - I]
LA GAZETTE DE L'ETAT
1939
And whereas, assailing the Resolution, dated 05-07-2016 of the Council of
Ministers and the corresponding communication, dated 06-09-2016, the Petitioner
Association has filed another petition in W.P. No. 389/2017. The Hon’ble Bench of
the Hon’ble High Court, Madras, was pleased to direct the Petitioners with liberty
to file their objection before the Central Government and to agitate the issue after
obtaining the decision of Central Government, observing that the Resolution as
regards fixation of cut-off date is pending for approval from the Central Government.
And whereas, the Ministry of Social Justice and Empowerment, Government
of India, New Delhi vide its letter, dated 28-02-2013 had informed that intervention
of the said Ministry is not called for in the matter of deciding the nativity of the
origins of Other Backward Classes (OBCs) in Puducherry, in terms of the
Government of India (Allocation of Business) Rules, 1961.
And whereas, with reference to the representation, dated 10-02-2017 of the
Petitioner Association addressed to the Secretary, Ministry of External Affairs,
Government of India, New Delhi, read with the Order, dated 06-01-2017 of the
Hon’ble High Court, Madras, in W.P. No. 389/2017, the Ministry of Social Justice
and Empowerment, New Delhi, has reiterated that the Government of India
(Allocation of Business) Rules, 1961 does not provide any mandate to the Ministry
of Social Justice and Empowerment, Government of India, New Delhi, in the matter
of fixing of the cut-off date for determining the status of origin/migrant Other
Backward Classes (OBCs) of any State or Union Territory. Although, the
Government of Puducherry has apprised the Hon’ble High Court about the earlier
communication sent to the Ministry of Social Justice and Empowerment, Government
of India, New Delhi, on 21-07-2016. The reply dated 07-10-2016 of Ministry of Social
Justice and Empowerment, Government of India, New Delhi, was not submitted
before the Hon’ble High Court, Madras. Therefore, the Ministry of Social Justice
and Empowerment, Government of India, New Delhi, has advised the Government
of Puducherry to get the said Resolution approved by the concerned Authority,
which is competent to approve the resolutions passed by the Council of Ministers
and inform the Petitioner Association accordingly.
And whereas, the Administrator of Puducherry decided to get the approval
of the Ministry of Home Affairs, Government of India vide letters, dated 06-12-2017
and 26-07-2019. Accordingly, the Ministry of Home Affairs, Government of India
has agreed to the proposal of Government of Puducherry for fixing the cut-off date as
19-02-2001 for determining the status of origin/migrant Other Backward Class (OBC)
in the Union territory of Puducherry.
Now, therefore, in compliance with the instructions of Ministry of Social
Justice and Empowerment, Government of India, New Delhi, the Lieutenant-Governor,
Puducherry, is pleased to approve the proposal of the Social Welfare Secretariat as
resolved by the Council of Ministers and for the said purpose hereby declares the
date “19th February, 2001” as the cut-off date for determining the status of the
origin/migrants Other Backward Classes, in the Union territory of Puducherry.
(By order of the Lieutenant-Governor)
K. SARANGAPANI,
Under Secretary to Government (Social Welfare).
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