In a writ petition filed before the Delhi High Court assailing the correctness of an order dated 02-03-2023 by the Central Administrative Tribunal (CAT) whereby an original application preferred by the respondent was allowed and the petitioners were directed to recommend his name as selected under the Scheduled Caste category for the post of Driver in Delhi Transport Corporation (DTC), a Division Bench of Justice Anil Kshetarpal and Justice Amit Mahajan directed the petitioners to appoint the respondent prospectively in DTC within two months.
The respondent applied for the post of Driver in DTC after an advertisement was issued by the Delhi Subordinate Services Selection Board (DSSSB) and participated in the selection process under the Scheduled Caste category, successfully qualifying both the written examination and the skill test. However, at the stage of document verification, the respondent’s candidature was rejected because he belonged to Scheduled Caste notified in Uttar Pradesh and was not entitled to reservation in the NCT, as per the law laid down by the Supreme Court in Subhash Chandra & Ors. v. DSSSB (2009) 15 SCC 458.
Aggrieved by the rejection, the respondent approached the CAT with an application, which was disposed of, directing the petitioners to re-examine the respondent’s case. After reconsidering the matter, the respondent’s candidature was again rejected, reiterating that he was an “outsider Scheduled Caste” ineligible for reservation in Delhi. Thereafter, the respondent filed another application, which the CAT allowed in the impugned order, wherein reliance was placed on Bir Singh v. Delhi Jal Board & Ors. (Civil Appeal No. 1085/2013 decided on 30-08-2018).
The issue in the present matter was whether a Scheduled Caste candidate who had migrated from another State to the National Capital territory of Delhi was entitled to reservation benefits in a recruitment process conducted in 2009-2012, and whether such a benefit could be granted after the selection process had long concluded.
In a previous order, the Court directed the petitioners to examine the feasibility of employing the respondent prospectively without any back wages, arrears, seniority, or other benefits. However, the petitioners submitted that the government had not reached a final decision and that the petition may be adjudicated on the merits. The respondent submitted that he would be satisfied if he was considered for appointment on a prospective basis without any retrospective benefits.
Considering that the recruitment process began in 2009 and was concluded more than a decade ago, the Court said that, ordinarily, a slower approach would be taken in disturbing concluded selections or granting reliefs that may unsettle settled positions. However, the Court stated that since the respondent had been pursuing his claim since 2011 and had reached 46 years of age without being appointed despite qualifying for the selection process, this matter stood on a distinct footing.
The Court noted that, in the impugned order, the CAT had granted complete consequential benefits while allowing the original application, and stated that granting such benefits in a recruitment process that had concluded long ago would be unjustified and may give rise to complications. The Court opined that ends of justice would be met if the respondent is granted appointment on a prospective basis without disturbing the existing cadre position and without any retrospective advantages.
Thus, the petition was disposed of, directing the petitioners to appoint the respondent to the post of Driver in DTC within two months, subject to his fulfilling all other eligibility conditions. Lastly, it was clarified that the employment would be strictly prospective, that the respondent would not receive any consequential benefits, and that his appointment would be treated as a fresh appointment from the date of his joining the service.
Appearances:
For Petitioners – Mrs. Avnish Ahlawat (SC, GNCTD), Mr. Nitesh Kumar Singh, Ms. Aliza Alam, Mr. Mohnish Sehrawat
For Respondent – Mr. Kedar Yadav, Ms. Sanya Verma
