Delhi is of migrants, caste certificate from other states will apply here: Delhi High Court

Delhi High Court rules that migrants in Delhi are entitled to reservation benefits, regardless of state-issued caste certificates.

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 court 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 forthwith issue an appointment letter to him under the reserved category, subject to him meeting all other eligibility criteria.

The high court, in its September 4 judgment, remarked that reservation was being extended under the PWD (person with disabilities) category by the authorities, irrespective of whether the certificate was issued by another State.

Even candidates belonging to the economically weaker sections from other states were being given appointments in the capital, and therefore, denying the benefit to those scheduled caste 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 to the other category, which is sheer discrimination to the category in question in the present case, and cannot be permitted,” the court said.