![[AgustaWestland Chopper Scam] Delhi HC Denies Bail to Christian Michel James in Rs 3,600-Crore CBI Case](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/09/image-368.png?fit=820%2C499&ssl=1)
The Delhi High Court ruled that migrants in Delhi cannot be denied reservation benefits based on out-of-state caste certificates. This decision followed a petition by the DSSSB regarding a candidate’s eligibility for a ‘Staff Nurse’ position.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: The Delhi High Court has clarified that Delhi, being a city of “migrants,” cannot deny the benefit of reservation based on a caste certificate issued by another state. The court made these observations while addressing a petition filed by the Delhi Subordinate Services Selection Board (DSSSB), which challenged a ruling by the Central Administrative Tribunal (CAT) in favor of a candidate.
The case involved a candidate who had applied for the post of ‘Staff Nurse,’ advertised by the Health and Family Welfare Department of the Delhi government. The candidate’s application was rejected for consideration under the reserved category, as his caste certificate was issued by the state of Rajasthan. However, the CAT intervened, granting relief to the candidate and directing the authorities to issue an appointment letter under the reserved category, provided the candidate met all other eligibility criteria.
The Delhi High Court, while supporting the CAT’s decision, emphasized the inclusive nature of Delhi, stating that the city is a hub for migrants, and denying reservation benefits solely based on the origin of the caste certificate is unjust.
“It is also not in dispute, NCT of Delhi being Union Territory for all purposes, except for running administration, is of migrants. Therefore, the benefit of reservation to any category cannot be denied,”
-said the bench comprising Justice Suresh Kumar Kait and Justice Girish Kathpalia.
The court pointed out that, despite the caste certificate being issued by Rajasthan, the authorities had already extended reservation benefits under the Persons with Disabilities (PWD) category to individuals holding certificates from other states. Similarly, candidates from economically weaker sections (EWS) from other states were also being given jobs in the capital. The denial of reservation benefits to scheduled caste candidates from other states was deemed discriminatory by the court.
“The State of NCT of Delhi is giving reservation to one category and denying it to the other category, which is sheer discrimination to the category in question in the present case, and cannot be permitted,”
-the bench asserted.
In this particular case, the candidate had successfully passed the selection process for the ‘Staff Nurse’ position, securing 87 marks, which was significantly higher than the 71 marks scored by the last selected candidate from the scheduled caste category. Despite qualifying, his request for appointment under the reserved category was not considered, and his representation to the competent authority remained unanswered for an extended period.
The Delhi High Court, in its recent judgment, noted that the CAT’s order, passed in April, was correct in directing the authorities to offer the candidate an appointment. Upholding the CAT’s verdict, the court declared that the candidate was entitled to the post of ‘Staff Nurse’ under the scheduled caste category.
The Delhi High Court dismissed the DSSSB’s petition and directed the authorities to comply with the CAT’s directions within four weeks. The court also expressed its disapproval of the authorities’ argument that, at the time of the recruitment process, reservation benefits were not extended to SC/ST candidates from outside Delhi.
The authorities had argued that the result of the examination for the ‘Staff Nurse’ post was declared in January 2011, and the recruitment process concluded in September 2012. According to the authorities, unfilled vacancies reserved for SC/ST candidates were subsequently carried forward to future recruitments. However, the court ruled that these points did not justify the denial of reservation benefits to the candidate in question.
This decision by the Delhi High Court has far-reaching implications, especially in a city like Delhi, where a large proportion of the population consists of migrants. The court’s observation that Delhi is a city of migrants strengthens the notion that denying reservation benefits based on the origin of the caste certificate is against the principles of equality and fairness.
By affirming that the authorities cannot discriminate against candidates who hold caste certificates from other states, the court has set a precedent that will likely influence future cases related to reservations for SC/ST and other reserved categories in the national capital.
The ruling underscores the necessity for authorities to maintain consistency in the application of reservation policies. If reservation benefits are extended to certain categories, such as PWD and EWS candidates from other states, then the same principles must apply to SC/ST candidates. The court’s decision is a reminder that arbitrary denial of rights, especially when it results in discrimination, cannot be tolerated.