Tuesday, July 26, 2011

[ZESTCaste] Quota in Other States Useless for SC/ST Students: HC



Quota in Other States Useless for SC/ST Students: HC
PTI | New Delhi | Jul 25, 2011

The Delhi High Court today ruled that candidates belonging to
Scheduled Castes or Scheduled Tribes in one state cannot take the
benefit of reservation in another state.

"It is vivid that Scheduled Castes or Scheduled Tribes in one state
cannot get the benefit in another state," a bench of Chief Justice,
Dipak Misra and Justice Sanjiv Khanna said.

The court set aside the judgement of the Central Administrative
Tribunal (CAT) asking MCD to consider the candidature of SC/ST
candidates of other states in recruitment of teachers for the schools
run by the civic agency.

The High Court said the SC/ST candidates, who hail from the national
capital territory and have been issued caste certificates here, can
avail benefit of quota in jobs.

"The parents of respondents (canditates) may belong to the castes of
..... And those castes may have been notified in terms of Scheduled
Caste Order or Scheduled Tribe Order issued in terms of Clause (1) of
Article 341 or Article 342 of the Constitution in a particular state
but the respondents who have obtained the certificates in Delhi on the
basis of the certificates of their parents issued by other states and
have migrated to Delhi, cannot avail the benefit," it said.

Citing various judgements of the Supreme Court, the bench quashed the
judgement of the CAT, saying the view expressed by the tribunal that
the candidates belong to SC/ST in Delhi because of the notification
was not in consonance with various case laws.

MCD had in 2008 issued an advertisement for filling up posts of
assistant teachers in schools and did not consider the candidature of
aspiring SC/ST teachers from other states.

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