Delhi Government’s OBC Reservation Policy Upheld: Supreme Court Rejects Migration to General Category

The Supreme Court of India recently ruled in the case of Govt. of NCT Delhi & Ors. v. Pradeep Kumar & Ors., addressing the eligibility of OBC candidates from outside Delhi for general category vacancies in the capital’s teaching recruitment process. The judgment reinforced the principle that candidates who obtained relaxed qualification marks under the OBC category cannot migrate to general category seats unless they meet the unreserved category’s eligibility criteria.

Background of the Case

The dispute arose from Advertisement No. 01/2013, issued by the Delhi Subordinate Services Selection Board (DSSSB) for the recruitment of Special Education Teachers. The eligibility criteria required:

• A graduate degree with B.Ed. (Special Education) or equivalent qualifications.
• Qualification in the Central Teacher Eligibility Test (CTET), conducted by CBSE.

The respondents, OBC candidates from outside Delhi, obtained their CTET qualification by availing a 5% relaxation in passing marks applicable to their category in their home states. However, when they applied for the Delhi recruitment process, their applications were rejected on the ground that they did not hold an OBC certificate issued by the Government of NCT Delhi.

Arguments by the Petitioner (Delhi Government)

The Government of NCT Delhi argued:

• OBC reservation benefits are limited to candidates who hold an OBC certificate issued by the Delhi Government.
• The respondents did not qualify for OBC reservations in Delhi and hence could only apply under the general category.
• General category candidates must score a minimum of 60% in CTET to qualify, whereas the respondents had passed CTET with lower marks under the relaxed OBC criteria.
• Allowing them to compete for general category seats would dilute merit and violate the principles of fair competition.

Arguments by the Respondents

The respondents, represented by their counsel, countered:

• Once a candidate has obtained CTET qualification, their category of qualification should not impact their eligibility for general category seats.
• The recruitment advertisement did not explicitly state that candidates who availed relaxation under OBC could not apply under the general category.
• They had scored higher than many selected candidates in the recruitment test and should have been considered on merit.
• The precedent set in Vikas Sankhala v. Vikas Agarwal permitted reserved category candidates to migrate to the general category if they performed better than general category candidates.

Supreme Court’s Observations

A bench comprising Justices R. Banumathi, A.S. Bopanna, and Hrishikesh Roy carefully examined the legal framework and ruled in favor of the Delhi Government. The key observations made were:

• CTET eligibility and reservation policies must be read together. The advertisement clearly required a minimum of 60% marks in CTET for general category candidates.
• The OBC relaxation in CTET was a concession meant for reserved category candidates and could not be carried over to general category competition.
• The Delhi Government’s policy requiring OBC certificates issued within Delhi was legally valid.
• The precedent from Vikas Sankhala was not applicable, as that case involved a selection process where CTET marks contributed to final merit ranking. In contrast, the Delhi process only considered CTET as a qualifying criterion.
• The Central Government’s Office Memoranda (OM) from 01.07.1998 and 04.04.2018 explicitly stated that reserved category candidates who availed relaxations in qualifications could only compete for reserved vacancies.

The Court stated:

“When a relaxed standard is applied in selecting an SC/ST/OBC candidate, such candidates are to be counted against reserved vacancies. Such candidates would be deemed unavailable for consideration against unreserved vacancies.”

Final Judgment

The Supreme Court ruled:

• The respondents, having availed OBC relaxation in CTET, were not eligible to apply for general category seats.
• The Delhi Government’s policy of restricting OBC reservations to candidates with Delhi-issued OBC certificates was upheld.
• The High Court and Central Administrative Tribunal (CAT) had erred in applying the Vikas Sankhala judgment to this case.
• The appeal was allowed, and the Delhi Government’s decision to reject the respondents’ applications was restored.

Implications of the Judgment

The ruling has significant implications for reservation policies and recruitment processes across India:

• Strict Adherence to Reservation Criteria: Candidates availing benefits under a reserved category cannot later claim eligibility under the general category.
• State-Specific OBC Policies Upheld: States are allowed to define OBC reservation eligibility within their jurisdiction, preventing misuse of quota benefits.
• Merit Protection in General Category: The judgment ensures that general category recruitment remains merit-based and is not diluted by candidates who qualified under relaxed norms.
• Clarity in Recruitment Advertisements: Government agencies must explicitly mention reservation-related restrictions in advertisements to avoid legal challenges.

Conclusion

The Supreme Court’s decision in Govt. of NCT Delhi v. Pradeep Kumar reinforces the principle that reservation benefits must be availed strictly within their defined limits. By ensuring that OBC candidates who obtained CTET qualification under relaxed criteria could not migrate to general category vacancies, the ruling protects the integrity of merit-based recruitment. The judgment sets an important precedent for similar cases involving state-specific OBC reservation policies and employment eligibility criteria.

Petitioner Name: Government of NCT Delhi & Ors..
Respondent Name: Pradeep Kumar & Ors..
Judgment By: Justice R. Banumathi, Justice A.S. Bopanna, Justice Hrishikesh Roy.
Place Of Incident: Delhi.
Judgment Date: 24-10-2019.

Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!

Download Judgment: Government of NCT De vs Pradeep Kumar & Ors. Supreme Court of India Judgment Dated 24-10-2019.pdf

Direct Downlaod Judgment: Direct downlaod this Judgment

See all petitions in Recruitment Policies
See all petitions in Public Sector Employees
See all petitions in Employment Disputes
See all petitions in Judgment by R. Banumathi
See all petitions in Judgment by A. S. Bopanna
See all petitions in Judgment by Hrishikesh Roy
See all petitions in allowed
See all petitions in Quashed
See all petitions in supreme court of India judgments October 2019
See all petitions in 2019 judgments

See all posts in Service Matters Category
See all allowed petitions in Service Matters Category
See all Dismissed petitions in Service Matters Category
See all partially allowed petitions in Service Matters Category