Himanshu v. Registrar General Delhi High Court, Sher Shah Road, New Delhi

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4404/2018 HIMANSHU ..... Petitioner Through Mr.Arvind Sharma and Ms.Mrinalini Khatri with petitioner in person.

versus REGISTRAR GENERAL DELHI HIGH COURT, SHER SHAH ROAD, NEW DELHI ..... Respondent Through Ms.Anu Bagai, Advocate.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 27.04.2018 The petitioner's grievance is that though he appeared and offered his candidature towards scheduled caste reserved vacancy, his claim for appointment was rejected on the ground that the SC certificate was issued after the last date of submission of the application.

This Court is of the opinion that the certificate issued by the Competent Authority with respect to the SC/ST reserved category status, does not depend upon the verification from a particular date given that status attaches to an individual on account of his belonging to the caste or community group, which in turn is dependent on the date of his birth. In other words, the certification is a mere W.P.(C) 4404/2018

confirmation that the individual belongs to that caste group and is entitled to reservation. This position in law is now well recognized by a series of judgments including those of the Supreme Court and several Division Benches of this Court which are as cited as Ram Kumar Gijroya v. Delhi Subordinate Services Selection Board and Another (2016) 4 SCC 754, Tej Pal Singh v. Government of NCT of Delhi 2000 (83) DLT 649, Hari Singh v. Staff Selection Commission 2010(170) DLT 262 and Kavita Khorwal v. Delhi University and Ors. 154 (2008) DLT 755.

In the light of this position, learned counsel for the Delhi High Court appearing on advance notice submits that the petitioner's candidature will be duly processed and the candidature/application of similarly placed candidates would also be processed. A direction is accordingly issued to process the petitioner's candidature as an SC applicant for the post that he has applied to i.e. Court Attendant/Room Attendant in the examination held in 2017.

Writ petition is allowed in the above terms.

S. RAVINDRA BHAT, J A. K. CHAWLA, J APRIL 27, 2018 ndn W.P.(C) 4404/2018