New Delhi: The Delhi High Court has said that the National Capital Territory (NCT) of Delhi is of “migrants” and benefit of reservation to any category cannot be denied on the ground that a caste certificate has been issued by another state.
High Court was hearing an appeal filed by Delhi Subordinate Services Selection Board against CAT order
A bench comprising Justice Suresh Kumar Kait and Justice Girish Kathpalia said this while hearing an appeal filed by the Delhi Subordinate Services Selection Board challenging an order of of the Central Administrative Tribunal (CAT) directing the authorities to forthwith issue an appointment letter to a SC candidate denied appointment letter to the post of a ‘Staff Nurse’ job on the ground that his caste certificate was issued by the State of Rajasthan.
“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 bench said.
Delhi Government is giving reservation benefits to PED, EWS categories, High Court noted
The bench noted that candidates belonging to the person with disabilities (PWD) category and Economically Weaker Sections (EWS) irrespective of their State from which they belong to and irrespective of the certificate issued by any State, are given appointment in the NCT of Delhi.
“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 High Court said while dismissing the appeal and directing the authorities to comply with the directions of the CAT within four weeks.
What was the case?
The candidate in question was issued caste certificate on October 23, 1993 by the State of Rajasthan and he had annexed the said certificate with his application. He had successfully qualified the selection process for a ‘Staff Nurse’ job advertised by the Health and Family Welfare department of the Delhi government and secured 87 marks against 71 marks obtained by the last selected candidate from the SC category. However, he was denied appointment to the said post by the authorities. He also made a representation to the competent authority seeking his appointment, however, the representation remained unanswered. He then moved the CAT, which directed the authorities to forthwith issue him an appointment letter for the said post.
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