Migrants can get SC/ST quota in Delhi govt jobs
The Delhi High Court ruled today that scheduled caste and scheduled tribe candidates from other states could also avail of reservation benefits in state government jobs and colleges. Harish V Nair reports.delhi Updated: Sep 14, 2012 00:37 IST
The Delhi High Court ruled on Thursday that scheduled caste and scheduled tribe candidates from other states could also avail of reservation benefits in state government jobs and colleges.
"The rule that benefits of reservation to migrant SC/ST candidates of one state against quotas reserved for the SC/ST candidates in other states cannot be given reservation benefit would not apply in the case of Union Territories," said the court.
Many migrant candidates were denied reservation benefits in Delhi on the grounds that while a group qualified as SC/ST in the state they came from, it was not necessarily listed in the same category in the Capital.
The Delhi government was also drawing strength from two earlier judgments of the Supreme Court and a recent Delhi High Court order.
Quoting a 2005 three-judge bench judgment of the Supreme Court in the S Pushpa Vs Sivachanmugavelu case, Justice S Ravindra Bhat, who was part of a special bench of the high court which dealt with the issue said, "If a resident of a state whose caste is notified as scheduled caste or scheduled tribe moves to a Union Territory, he carries with him the right to claim that benefit."
The ruling came after the court allowed five SC/ST candidates from other states to take up lower division clerk level positions in the Delhi government and state lower judiciary. The candidates had knocked the doors of the court after the government denied them jobs.
"...union territories are within control of the Union Government. So any SC/ST notified as such by the President, can be classified as such caste or tribe, under Article 16 (4) of the Constitution, and once that is done, each member of such caste or tribe, who answers that description would be entitled to the benefit of reservation in all Union Territories," it said.