NCT Of Delhi Being Union Territory Is Of Migrants; Benefit Of Reservation To Any Category Cannot Be Denied: Delhi HC
The Delhi High Court observed that since the National Capital Territory (NCT) of Delhi is a Union Territory predominantly composed of migrants, individuals from specific reserved categories cannot be denied the benefits of reservation.
This decision arose from an appeal by the Delhi Subordinate Services Selection Board (DSSSB) against an order from the Central Administrative Tribunal (CAT). The case involved respondent who sought a position as a Staff Nurse within the Delhi Government's health ministry. Although he was declared successful in 2011 following an advertisement published in 2009, his name was not included in the final selection list. The authorities informed him that his application was not considered for the reserved category because his Caste Certificate was issued in Rajasthan, which is outside Delhi.
The Division Bench of Justice Suresh Kumar Kait and Justice Girish Kathpalia held, “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.”
Advocate Avnish Ahlawat appeared for the petitioners and Advocate Vijrendra Singh Mahndiyan appeared for the Respondent.
The bench questioned the authorities regarding the provision of reservation for candidates with disabilities (PWD) regardless of their state of origin. The authorities confirmed this practice. The Court pointed out, “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 bench emphasized that respondent had presented a valid Caste Certificate from 1993 and had scored 87 marks, surpassing the 71 marks of the last selected SC candidate. The court affirmed the CAT's decision, stating that respondent was indeed entitled to appointment as a Staff Nurse under the SC category based on the 2009 advertisement.
The Court instructed the authorities to comply with the CAT's order within four weeks.
Cause Title: Delhi Subordinate Services Selection Board & Anr. v. Vishnu Kumar Badetiya, [2024:DHC:6983-DB]
Appearance:
Petitioners: Advocates Avnish Ahlawat, St. Counsel GNCTD with Nitesh Kumar Singh, Laavanya Kaushik, Aliza Alam and Mohnish Sehrawat
Respondent: Advocates Vijrendra Singh Mahndiyan, Apurva Mahndiyan & Nikita Tiwari
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