(1.) THE petitioner participated in the selection for the post of Teacher (Hindi) (Male) conducted by the Delhi Subordinate Services Selection Board (DSSSB). Though he obtained 84 marks in the descriptive examination, i.e., higher than the cut -off marks prescribed for SC category candidate, i.e., 73, he could not be appointed to the post on the ground of being SC from Uttar Pradesh and not from National Capital Territory of Delhi. Relying upon the judgment of Hon'ble High Court in Deepak Kumar & others v. District & Sessions Judge, Delhi & Ors.,, 192 (2012) DLT 602 (FB), Ms. Sumita Hazarika, learned Counsel for petitioner had espoused that even if the petitioner was not SC from Delhi, he could not be denied benefits admissible to the said category. In the said circumstances, T.A. 43/2013 was disposed of with direction to the respondents to examine the candidature of the petitioner for the post in question against the vacancy in SC category, keeping in view the judgment of Hon'ble High Court in Deepak Kumar's case (supra).
(2.) IN implementation of the said Order, the respondents passed the Office Order No. 326 dated 6.5.2014 taking a view that there were 45 other candidates, who were from SC category and were above the petitioner but they were not considered eligible for the post due to being SC outsider. Relevant excerpt of the said office order reads thus: - -
(3.) BESIDES , relying upon the order dated 6.5.2014 and submitting that once the respondents have passed an order in implementation of the directions issued by the Tribunal no contempt can be said to have been made out, Mr. Amit Anand, learned Counsel for respondents submitted that in view of the judgment of Hon'ble High Court of Delhi in Ravindra Devi v. Govt. of NCT of Delhi & Others, W.P. (C) No. 3049/2012 decided on 27.11.2013, in order to get the benefit of the judgment of Hon'ble High Court in Deepak Kumar's case (supra), a candidate has to be ordinarily a resident of Union Territory.