In Brief
The Chandigarh Housing Board advertised houses reserved for Scheduled Castes and Scheduled Tribes. The respondent, a Scheduled Tribe from Rajasthan who had migrated to Chandigarh, was not allotted a house. The trial court and appellate courts decreed his suit, relying on administrative letters suggesting a 5% minimum reservation for Scheduled Tribes. The Supreme Court held that a Presidential notification under Article 342 is constitutionally mandatory to recognize any Scheduled Tribe in a State or Union Territory. Since no such notification exists for Chandigarh, the Housing Board had no authority to invite ST applications, and the respondent cannot claim ST status there based on his Rajasthan recognition. All lower judgments were set aside and the appeal allowed.
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