Delhi is of migrants, caste certificate from other States will apply here, says HC

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The Delhi High Court has remarked that Delhi is of “migrants”, and the benefit of reservation cannot be denied on the ground that a caste certificate has been issued by another State. The HC made the observation while dealing with a petition by the Delhi Subordinate Services Selection Board challenging an order of the Central Administrative Tribunal (CAT) on the issue. A candidate had applied for a ‘Staff Nurse’ job as advertised by the Health and Family Welfare department of the city government, but his candidature was not considered under the ‘reserved category’ as the caste certificate provided by him was issued by Rajasthan. The CAT, however, granted relief to the candidate and directed the authorities to issue him an appointment letter under the reserved category, subject to him meeting all other eligibility criteria. The HC, in its September 4 judgment, remarked that reservation was being extended under the Person with Disabilities (PwD) category by the authorities, irrespective of whether the certificate was issued by another State.

‘Sheer discrimination’

Even candidates belonging to the Economically Weaker Sections (EWS) from other States were being given appointments in the capital, and therefore, denying the benefit to those Scheduled Castes (SC) category candidates who have certificates of other States was “sheer discrimination”, the court held. “The State of NCT of Delhi is giving reservation to one category and denying it to another category, which is sheer discrimination to the category in question in the present case, and cannot be permitted,” the court said. “It is also not in dispute, NCT of Delhi being a Union Territory for all purposes, except for running administration, is of migrants. Therefore, the benefit of reservation to any category cannot be denied,” a Bench of Justice Suresh Kumar Kait and Justice Girish Kathpalia said.

Upholds CAT order

The court also upheld the CAT order passed in April and said the Tribunal was not in error in holding that the candidate was entitled to appointment to the post of ‘Staff Nurse’ as an SC category candidate.

Published - September 20, 2024 09:35 pm IST