High Court Upholds Validity Of Order Making Delhi Residence Mandatory Condition For Civil Defence Volunteer Recruitment

The Delhi High Court has upheld the constitutional validity of an order passed by the Delhi Government making “resident of Delhi” as a mandatory condition to become eligible for being a civil defence volunteer.

A division bench of Chief Justice Satish Chandra Sharma and Justice Tushar Rao Gedela dismissed the plea moved by Advocate Anand challenging the order passed by the Secretary of Delhi Government’s Revenue and Divisional Commissioner on March 18, 2015.

The court said that the authorities are competent to issue necessary directions in respect of the place of residence of a candidate while enrolling a person as a civil defence volunteer.

“The authorities were justified by including a condition in respect of residence and even if a person from any part of the country is residing in Delhi and is holding one of the documents referred in the order can certainly become civil defence volunteer. Thus, by no stretch of imagination, it can be held that the condition in regard to place of residence is violative of Articles 14, 16 and 21 of the Constitution of India as has been argued before this Court,” the court said.

Noting that the civil defence volunteers are expected to be the first responders in case of any disaster or hostile enemy attack, the court said that the eligibility clause that a person should be resident of Delhi can never be said to be violative of any constitutional right guaranteed to any citizen of the country.

Dismissing the plea, the court said: “A person who is residing in South India does not know the geography of Delhi and if recruited as civil defence volunteer, and in case of emergency he will get lost in Delhi instead of reaching to the place where emergency has occurred.”

ASC Sameer Vashisht and Advocate Avni Singh represented Delhi Government.

Title: ANAND v. GOVERNMENT OF NCT OF DELHI AND ANR.

Citation: 2023 LiveLaw (Del) 430

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