NDLI: Govt. of Nct Delhi & Ors. Vs. Pradeep Kumar & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Principles of reservation under the Constitution Of Special Education Teachers Recruitment Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law: Recruitment – Of Special Education Teachers – In the NCT of Delhi – Essential qualification wherefor inter-alia was Central Teacher Eligibility Test (CTET) – For reservation in OBC Category, the recruitment advertisement required such candidates to possess caste certificate issued by Govt. of Delhi – Respondents/candidates, who had CTET qualification by availing 5% relaxation in the qualifying marks in the CTET from their respective States (not Delhi) applied under reserved category of OBC and appeared in written test – They were denied candidature as not eligible because they were CTET qualified as OBC outsider, and not from Delhi – Original Application against the order rejecting their candidature was allowed by Central Administrative Tribunal directing the authorities to appoint the candidates by considering their merit position in the unreserved category – Tribunal’s order was upheld by High Court – Appeal to Supreme Court – Held: Since the candidates are not certified as OBC by Govt. of NCT of Delhi they cannot be considered eligible in the OBC category – They also cannot be considered against unreserved category because there is an express bar under Office Memoranda on migration to unreserved category of those reserved category candidates, who had availed of relaxation in the qualification. Reservation – Principles of reservation under the Constitution are intended to be confined to a specifically earmarked category and the unreserved category must be protected to avoid dilution of competence and merit.
Judge	Hon'ble Mr. Justice Hrishikesh Roy
Neutral Citation	2019 INSC 1189
Petitioner	Govt. Of Nct Delhi & Ors.
Respondent	Pradeep Kumar & Ors.
SCR	[2019] 13 S.C.R. 1056
Judgement Date	2019-10-24
Case Number	8259

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
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