No job quota for migrant SC/ST candidates
Utkarsh Anand Posted online: Tue Jul 26 2011, 01:37 hrs
New Delhi : HC order * Bench says no such benefit for candidates who
acquire SC/ST certificates by virtue of parents' caste certificate in
another state
Quashing a decision by the Central Administrative Tribunal (CAT), the
Delhi High Court on Monday ruled that migrant SC and ST candidates
cannot avail of reservation benefits in jobs advertised by the
government.
According to the verdict delivered by a division bench of Chief
Justice Dipak Misra and Justice Sanjiv Khanna, candidates who acquire
SC/ST certificates in Delhi by virtue of a caste documents held by
their parents in another state cannot — as a matter of right — claim
reservation in jobs being given by the Delhi government.
"The parents of the respondents may belong to castes notified in terms
of Scheduled Caste Order or Scheduled Tribe Order in a particular
state, but... they cannot avail of the benefits in Delhi," the court
held.
The order adds that the candidate may not be entitled to reservation
privileges even if he has a SC/ST certificate issued by the Delhi
government on the basis of papers possessed by his parents in a
different state. While the person may seek reservation benefits in
Central government jobs or use the certificate for other purposes,
such kind of a certificate cannot be used for getting employment on a
priority basis, it said.
The court has further held that no candidate can avail job reservation
benefits solely on the nomenclature of the caste, because while one
caste in a state may qualify as Scheduled Caste (SC) or Scheduled
Tribe (ST), it may not essentially be listed in the same category in
another.
The Delhi government and the DSSSB had moved the High Court in an
appeal against a CAT order in August last year, whereby the tribunal —
adjudicating a bunch of 19 petitions — had asked the government to
consider the claims of applicants for jobs in the Municipal
Corporation of Delhi.
Zubeda Begum, appearing for the government, challenged this by citing
a few Supreme Court verdicts. Nawal Kishore Jha, counsel for the MCD,
also contended that it was for the government to frame policies, and
the civic agency was
bound by their policy as well as the court verdict.
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