Delhi High Court upholds SC reservation rights for migrants
The Delhi High Court on Thursday ruled that the National Capital Territory (NCT) of Delhi, being a Union Territory, is primarily inhabited by migrants, and thus the benefits of reservation cannot be denied to any particular category of individuals, regardless of their place of origin.
A Bench of Justice Suresh Kumar Kait and Justice Girish Kathpalia made the observation while dismissing an appeal filed by the Delhi Subordinate Services Selection Board (DSSSB).
The appeal sought to overturn a Central Administrative Tribunal (CAT) order directing the appointment of Vishnu Kumar Badetiya as a staff nurse under the Scheduled Caste (SC) category in the Delhi Government’s Health Ministry.
“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,” the court said. The case revolved around Badetiya, who had applied for the position under the SC category following a 2009 advertisement and was declared successful in 2011. However, his name was excluded from the final list of selected candidates. The authorities informed him that his candidature had not been considered because his caste certificate was issued by Rajasthan, not Delhi.
Badetiya contended that, as per a letter issued by the Delhi Government, SC and ST candidates were entitled to reservation for civil posts in the Delhi Government, regardless of their state of origin. He also cited a 2011 CAT order, which directed the authorities to appoint similarly situated candidates as SC candidates with full benefits.
The DSSSB argued that between August 4, 2009, and September 12, 2012, SC/ST candidates from outside Delhi were not granted reservation for civil posts under the Delhi Government due to a Supreme Court decision. They further argued that applying reservations to SC/ST candidates from outside Delhi would disrupt the entire recruitment process.
The HC, however, pointed out that candidates from the Persons with Disabilities (PWD) and Economically Weaker Sections (EWS) categories irrespective of the state issuing their certificate were granted reservation benefits in Delhi.
It deemed the selective application of reservation policies ‘discriminatory’. “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 court stated.
Dismissing the DSSSB’s appeal, the Bench added that Badetiya had secured 87 marks, well above the 71 marks obtained by the last selected SC candidate. The court ruled that Badetiya was rightfully entitled to the appointment and directed the authorities to comply with the CAT’s orders within four weeks.
