SC Candidates Holding Different States' Certificate Entitled To Claim Job Reservation In Union Territory, Delhi High Court Reiterates

Background facts

Petitioner, Delhi Subordinate Services Selection Board (“DSSSB”), in 2009, advertised posts of Staff Nurse in the Department of Health and Family Welfare, Govt. of NCT of Delhi. The respondents applied for the post as Scheduled Castes (“SC”) candidates. They were holding of certificates certifying them to belong to castes which were recognised as SC in Rajasthan. The respondents were shortlisted for selection to the post of Staff Nurse. However, later, by different orders, their selections were cancelled on the ground that the castes to which they belonged were not recognised as SC in Delhi.

Thus, the respondents moved the CAT by way of various OAs. The Tribunal allowed the OAs, followed Deepak Kumar v District & Sessions Judge 2012 SCC OnLine Del 4794 saying that “if the resident of a state, whose caste is notified as Scheduled caste or scheduled tribe, moves to a Union Territory, he carries with him the right to claim that benefit, in relation to the Union Territory, even though if he moves to another state, he is denied such benefit.”

The CAT, thus, held the respondents to be entitled to reservations. CAT also directed issuance of appointment letters to the respondents subject to their meeting all other eligibility criteria. The respondents were also granted consequential benefits on notional basis. Aggrieved by this, the DSSSB had filed this writ petition before the Delhi High Court.

The petitioners had acknowledged that as per the legal position effected from 2012, scheduled caste candidates with caste certificates from other States were also eligible to be considered for posts reserved for Scheduled Caste candidates in the GNCTD. However, they also contended that the selection process had been completed before the petitioners had approached the learned Tribunal. Affidavits were filed indicating that vacancies from the selection were filled up even after the respondents had approached the learned Tribunal.

The respondents pointed out that an identical issue, involving identically situated candidates, had come up in DSSSB v Vishnu Kumar Badetia 2024 SCC OnLine Del 6371, in which a Coordinate Division Bench of Delhi High Court held that the candidates were entitled to appointment as Staff Nurse as Scheduled Caste candidates. The respondents in the present case had also applied for recruitment as Staff Nurse pursuant to the very same advertisement; thus, there is no scope for dispute.

Findings of the Court

Considering that the petitioners, do not dispute the fact that the respondents in these writ petitions are identically situated to the candidate in Vishnu Kumar Badetia and were subjected to same selection process for appointment as Staff Nurse, the bench found no error in the impugned judgment of the Tribunal.

Thus, the High Court upheld the CAT judgment in its entirety with consequential benefits to the respondents and dismissed the petitions.

Advocates who appeared in this case :

For Petitioner(s): Mr. Nitesh Kumar Singh, Ms. Laavanya Kaushik, Ms. Aliza Alam, Mr. Mohnish Sehrawat for Mrs. Avnish Ahlawat, Standing Counsel for DSSSB

For Respondent(s): Dr. Vijendra Mahndiyan, Ms. Apurva Singh and Ms. Nikita Tiwari, Advs

Case Title: DSSSB and Anr. v. Dinesh Mahawar & Others.

Citation: 2024 LiveLaw (Del) 1126

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