Candidates Belonging To Reserved Categories In Any State, UT Entitled To Reservation In Delhi Subordinate Services: Delhi High Court

The Delhi High Court has held that all the candidates belonging to reserved categories as notified by a Presidential Order in any state or union territory would be entitled to reservation benefit in Delhi subordinate services.

"If a candidate is able to furnish a certificate of belonging to a Scheduled Caste or Scheduled Tribe – which may otherwise be issued only by the competent authority where such a candidate is ordinarily resident – he cannot be denied the benefit of reservation as specified under the Notification."

A division bench of Justice Vibhu Bakhru and Justice Amit Mahajan was dealing with a bunch of pleas filed by candidates, belonging to Scheduled Caste (SC) and Scheduled Tribe (ST) category, who had appeared for interview for the post of "Court Attendant/Room Attendant (Group-C)" in the High Court but were not recommended for appointment for not submitting any proof of being ordinarily resident of Delhi.

The question which arose for consideration was whether the candidates were ineligible for appointment under the reserved category in the High Court's establishment on the ground that their caste certificates were issued outside Delhi.

The court noted that in terms of the notification for recruitment by high court, applications were invited from all the citizens without any qualification as to their place of residence.

It also noted that it was not the case of the court's establishment that persons belonging to SC and ST category of another state were not eligible to apply.

"Concededly, there is no requirement for a general category candidate to establish that he is an ordinarily resident of Delhi for qualifying for the said appointment. The requirement for a candidate to be an ordinarily resident of Delhi has been carved out only in respect of candidates, who claim reservation by virtue of belonging to the Scheduled Castes and Scheduled Tribes, as notified in relation to a State other than National Capital Territory of Delhi," the court said.

Relying on various judgments of the Supreme Courts, the court said a person who belongs to a Scheduled Caste/Scheduled Tribe in another State is not entitled to benefits extended to the reserved categories in another State as they would not belong to Scheduled Caste/Scheduled Tribe in relation to that State.

"Insofar as the services under the National Capital Territory of Delhi are concerned, the decision in the case of Bir Singh v. Delhi Jal Board & Ors. and Deepak Kumar & Ors. v. District and Sessions Judge, Delhi and Ors. hold that the rule of pan-India reservation would be applicable. Thus, all candidates belonging to reserved categories notified by the Presidential Order in any State or Union Territory would be entitled to benefit of reservation in the subordinate services in the National Capital Territory of Delhi," it said.

Allowing the pleas, the court directed its establishment to consider appointment of the petitioner candidates to the advertised posts under the quota for the reserved category candidates without insisting on them being ordinarily residents of Delhi.

This is subject to the petitioners otherwise qualifying for such appointment in the order of merit, the bench added.

Title: ASHU & ORS v. THE REGISTRAR GENERAL, HIGH COURT OF DELHI AND ORS.

Citation: 2022 LiveLaw (Del) 1053

Click Here To Read Order