Delhi Is Of Migrants, Benefit Of Reservation To Any Category Can't Be Denied: High Court

The Delhi High Court has recently held that the national capital, being a Union Territory, is of migrants and benefit of reservation to any particular category cannot be denied.

“It is also not in dispute, NCT of Delhi being Union Territory for all purposes, except for running administration, is of migrants, therefore, benefit of reservation to any category cannot be denied,” a division bench comprising Justice Suresh Kumar Kait and Justice Girish Kathpalia said.

The court made the observations while dismissing an appeal filed by Delhi Subordinate Services Selection Board (DSSSB) against Central Administrative Tribunal (CAT) order directing that one Vishnu Kumar Badetiya was entitled to appointment on the post of Staff Nurse with Delhi Government's health ministry as an SC candidate pursuant to an Advertisement published in 2009.

Badetiya was declared successful in 2011 but his name was not mentioned in the final list. appointment. He was informed by the authorities that his candidature was not considered under 'reserved category' as the Caste Certificate provided by him was issued by the State of Rajasthan which is other than Delhi.

It was his case that as per a letter issued by the Delhi Government, the Scheduled Castes/Scheduled Tribes candidates irrespective of their nativity shall be eligible for reservation to the civil posts under the GNCTD.

He relied upon an order passed by CAT which allowed the plea moved by similarly situated candidates in 2011 and directed the authorities to consider their candidature as SC candidates and to give them appointment with consequential benefits.

On the other hand, the authorities argued that during the period from August 04, 2009 till September 12, 2012, the benefit of reservation to SC/ST category candidates who were from outside of Delhi in respect of civil posts under the Delhi Government was not extended in view of decision of the Supreme Court.

It was their stand that granting benefits of reservation on pick and choose basis to outside SC/ST candidates in respect of exams conducted and results declared during the period in question will unsettle the entire recruitment process in a number of cases.

The bench put a query to the authorities as to whether in the national capital, reservation is given to the candidates belonging to the PWD category irrespective of the Certificate issued by any State.

As the answer was in affirmative, the bench noted that the candidates belonging to the Economically Weaker Sections (EWS) category, irrespective of their State from which they belong to, are given appointment in Delhi.

“In such a situation, the State of NCT of Delhi is giving reservation to one category and denying to the other category, which is sheer discrimination to the category in question in the present case, and cannot be permitted,” the court said.

Dismissing the appeal, the court observed In that Badetiya was issued Caste Certificate in 1993 which was annexed with his application and that he had successfully qualified the selection process by securing 87 marks against 71 marks obtained by the last selected candidate from SC category.

“In our opinion, the learned Tribunal is not in error to hold that the respondent is entitled to appointment on the post of Staff Nurse as an SC candidate pursuant to Advertisement No.004/09,” the court said while asking the authorities to comply with CAT directions within four weeks.

Title: DELHI SUBORDINATE SERVICES SELECTION BOARD AND ANR. v. VISHNU KUMAR BADETIYA

Citation: 2024 LiveLaw (Del) 1033

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