Reservation benefits to any category can’t be denied: Delhi HC
New Delhi: In a significant ruling, the Delhi High Court has affirmed that the National Capital Territory (NCT) of Delhi, being a Union Territory, is inclusive of migrants and cannot deny reservation benefits to any category of candidates.
The court’s decision came while dismissing an appeal by the Delhi Subordinate Services Selection Board (DSSSB) concerning a contested appointment in the health ministry.
The bench, comprising Justice Suresh Kumar Kait and Justice Girish Kathpalia, addressed the case of Vishnu Kumar Badetiya, who applied for the position of Staff Nurse in response to an advertisement published in 2009. Badetiya had cleared the selection process in 2011, achieving a score of 87 marks, which was notably higher than the last selected candidate from the Scheduled Castes (SC) category, who scored 71 marks. However, his name was not included in the final selection list due to the authorities’ claim that his Caste Certificate was issued by the State of Rajasthan, and thus he did not qualify for reservation benefits in Delhi.
Badetiya argued that a directive from the Delhi government recognised the eligibility of SC/ST candidates, regardless of their state of origin, for reservations in civil service positions within the territory. He further cited a precedent set by the Central Administrative Tribunal (CAT) in 2011, which had allowed similar candidates to claim SC benefits and mandated their appointments.
In response, the DSSSB contended that during the period from August 2009 to September 2012, the Supreme Court had ruled against
extending reservation benefits to SC/ST candidates from outside Delhi for civil posts. They warned that extending such benefits now could
disrupt the established recruitment processes for numerous positions.
The bench raised pertinent questions about the inconsistency in the reservation policy. They pointed out that individuals belonging to the Persons with Disabilities (PWD) category, as well as those from the Economically Weaker Sections (EWS), were receiving appointments in Delhi irrespective of their state-issued certificates. The court underscored that it would be discriminatory to allow reservation
for some categories while denying it to others, thereby highlighting the need for uniformity in policy.
Ultimately, the court ruled in favour of Badetiya, affirming the CAT’s earlier decision that he was entitled to be appointed as a Staff Nurse under the SC category. The court ordered the relevant authorities to comply with this ruling within four weeks, underscoring the principle of equality and the need to uphold
the rights of all eligible candidates, including those who are migrants. The decision stands as a pivotal moment in addressing the complexities surrounding reservation policies in Delhi, particularly in relation to its diverse population.
