Director Transport Department Union Territory Administration of Dadra and Nagar Haveli Silvassa vs Abhinav Dipakbhai Patel

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(SC) 552

L.NAGESWARA RAO, M.R.SHAH
Director Transport Department Union Territory Administration of Dadra and Nagar Haveli Silvassa – Appellant
Versus
Abhinav Dipakbhai Patel – Respondent

Advocates Appeared:
For the Petitioner:Mr. Akshay Amritanshu, Adv. Mr. Hemant Arya, Adv. Mr. Abhishek Kumar, Adv. Mr. R.B. Yadav, Adv. Mrs. Anil Katiyar, Advocate
For the Respondent:Mr. Shekhar Naphade, Sr. Adv. Mr. Prasenjit Keswani, Adv. Mr. Raghvendra Pratap Singh, Adv. Mr. Satyajit Pratap Singh, Adv. Ms. S. Lakshmi Iyer, Adv. Mr. Abhikalp Pratap Singh, Adv. Mr. Rohitash Kumar Sharma, Adv. Mrs. V. D. Khanna, Advocate
For the Intervenor :Mr. Devmani Shukla, Adv. Mr. Nitin S. Tambwekar, Adv. Mr. Seshatalpa Sai Bandaru, Advocate

JUDGMENT :

L. NAGESWARA RAO, J.

Leave granted.

1. The judgment of the High Court directing appointment of the Respondent as Assistant Motor Vehicle Inspector by allowing his Writ Petition is the subject matter of the above Appeal. The Respondent belongs to “Dhodia” caste which is recognized as a Scheduled Tribe category in the State of Gujarat as well as in the Union Territory of Dadra and Nagar Haveli. He holds a caste certificate which was issued by the concerned competent authority in the State of Gujarat. He shifted his residence from Gujarat to the Union Territory of Dadra and Nagar Haveli. He owns a residential accommodation in the Union Territory and has a Voter’s I.D. card to show that he was a resident of Dadra and Nagar Haveli.

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 fur

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2019 Supreme(SC) 552

L.NAGESWARA RAO, M.R.SHAHDirector Transport Department Union Territory Administration of Dadra and Nagar Haveli Silvassa – AppellantVersusAbhinav Dipakbhai Patel – Respondent

Cases Referred (5)

L.NAGESWARA RAO, M.R.SHAH
Director Transport Department Union Territory Administration of Dadra and Nagar Haveli Silvassa – Appellant
Versus
Abhinav Dipakbhai Patel – Respondent