DIRECTOR TRANSPORT DEPARTMENT UNION TERRITORY ADMINISTRATION OF DADRA AND NAGAR HAVELI SILVASSA & ORS Vs. ABHINAV DIPAKBHAI PATEL

JUDGEMENT

(1.) Leave granted.

(2.) An advertisement was issued on 25.10.2014 calling for applications for filling up two posts of Assistant Motor Vehicle Inspectors, one of them reserved for the Scheduled Tribe category. It was made clear in the advertisement that all Indian citizens could apply for appointment to the post. However, persons having 'Domicile' in Dadra and Nagar Haveli would be given weightage. Candidates claiming to be members of a Scheduled Tribe were required to furnish an attested copy of the certificate issued by the competent authority stating that he/ she belongs to the Scheduled Tribe community. The Respondent applied for selection to the post of Assistant Motor Vehicle Inspector and after scrutiny of 114 applications that were received, it was found that three candidates belonging to the 'General' category and two from the 'Scheduled Tribe' category were eligible. The respondent appeared in the written examination on 01.07.2015. To his surprise, the Respondent found that the result of the written examination for the Scheduled Tribe vacancy was not announced while announcing the result for the unreserved post on 11.07.2015. As there was no response to the representations made by him regarding his non-selection to the post of Assistant Motor Vehicle Inspector, he approached the National Commission for Scheduled Tribes, Govt. of India. The National Commission, being convinced that the Respondent was a resident of the Union Territory of Dadra and Nagar Haveli and that he belongs to a Scheduled Tribe category, directed the representative of Dadra and Nagar Haveli to seek a clarification from the Ministry of Home Affairs, Govt. of India and appoint the Respondent thereafter. The Ministry of Home Affairs, Govt. of India clarified that the Respondent was eligible for appointment and advised the concerned authority to take appropriate action as per the directions issued by the National Commission for Schedule Tribes. After a series of correspondence between the Government of India, Union Territory of Dadra and Nagar Haveli and the National Commission, an order was passed on 25.07.2016 by the National Commission directing the Appellants to issue a letter of appointment in favour of the Respondent. Since no action was taken to appoint the Respondent, he was constrained to file a Writ Petition in the High Court of Judicature at Bombay.

(3.) On behalf of the Appellants, it was submitted before the High Court that a policy was framed by the Union Territory of Dadra and Nagar Haveli on 01.09.2006 by which it was decided that the local candidates from open category had to provide 'Domicile' certificate. Insofar as the reserved categories are concerned, only local candidates would be considered. The said policy was modified on 26.12.2013 only in respect of 'Domicile' relating to open category candidates. It was also contended on behalf of the Appellants that there can be no difference between migrants of the Scheduled Tribe from one State to another and from one State to a Union Territory. As there was a separate Presidential Order issued for notifying the Scheduled Tribes in Dadra and Nagar Haveli, migrants cannot claim the benefit of reservation in the Union Territory. While referring to the weightage given to local candidates, the Appellants submitted that 20 marks were given for local candidates in the selection process which apply equally to the open category and the reserved category candidates. However, the Appellants maintained that the benefit of reservation under the Scheduled Tribes category was restricted only to local candidates and not migrants.