$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 04^th September, 2024 + W.P.(C) 12303/2024 and CM APPL. 51162/2024 CM APPL.

51163/2024 DELHI SUBORDINATE SERVICES SELECTION BOARD AND ANR. ....Petitioners Through: Ms. Avnish Ahlawat, St. Counsel GNCTD with Mr. Nitesh Kumar Singh, Ms. Laavanya Kaushik, Ms.

Aliza Alam and Mr. Mohnish Sehrawat, Advocates Versus VISHNU KUMAR BADETIYA .....Respondent Through: Mr. Vijrendra Singh Mahndiyan, Ms. Apurva Mahndiyan & Ms. Nikita Tiwari, Advocates CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MR. JUSTICE GIRISH KATHPALIA J U D G M E N T (oral)

1. The present writ petition has been filed under Article 226 read with Article 227 of the Constitution of India seeking quashing and setting aside of order dated 27.04.2024 passed by the learned Central Administrative Tribunal (the Tribunal), Principal Bench, New Delhi in OA No.3186/2016.

2. Notice issued.

3. Mr. Vijrendra Singh Mahndiyan, Advocate, appearing on behalf of respondent accepts notice.

4. With the consent of learned Counsel for the parties, the present petition has been taken up for final hearing.

5. The brief background of the case is that the respondent had preferred OA No.3186/2016 before the learned Tribunal pleading that in terms of Advertisement No.004/09, inviting applications for filling-up of vacancies for various posts, including Staff Nurse and Nurse Grade-A by the petitioners, he applied for the post code 77/09 under category ‘Staff Nurse’ under Ministry Health and Family Welfare, GNCTD and along with application form annexed photocopies of the requisite testimonials.

6. The respondent was issued admit card on 30.05.2010 wherein it was clearly mentioned that he belonged to Scheduled Castes (SC) category. The respondent appeared in the examination, which was held in two tiers and vide result dated 27.01.2011, he was declared successful. The respondent obtained 87 marks out of 200 marks, whereas the last selected candidate from SC category had secured 71 marks.

7. In the final merit list, since he did not find his name and so, he approached the competent authority of the petitioners to find out reason for stall of his appointment. He was informed by the petitioners that his candidature was not considered under ‘reserved category’ as the Caste Certificate provided by him stands issued by other State other than the State of Delhi.

8. The respondent in his OA filed before the learned Tribunal pleaded that in terms of Letter No.F.61(73)/97-S.III/710 dated 30.06.2005 issued by the Government of NCT of Delhi, the Scheduled Castes/Scheduled Tribes candidates irrespective of their nativity shall be eligible for reservation to the civil posts under Government of NCT of Delhi.

9. The respondent further pleaded that in the year 2011 similarly situated candidates preferred OA No.1687/2011 and OA No.1124/2013 before the learned Tribunal in respect of the post of Staff Nurse, post code 77/09, which stood allowed vide orders dated 15.05.2014 and 14.07.2014 respectively, whereby the petitioners were directed to consider the candidature of the applicants therein as SC candidate and give them appointment with consequential benefits.

10. Respondent also pleaded that another OA No.3304/2013 filed by similarly situated candidates before the learned Tribunal, was also allowed with direction to the petitioners to examine the claim of the applicants therein and initiate the process appointment, as the posts were still vacant.

11. The respondent also averred before the learned Tribunal that in the year 2015, another OA being OA No.1530/2015 was preferred by some other persons for similar relief, which was also allowed by the learned Tribunal and those applicants were considered for appointment under SC category for the same post.

12. The respondent also informed the learned Tribunal that in terms of letter No.F.3(9 to 13)/DSSSB/Result/2010-11/2015, dated 21.08.2015, petitioners considered the similarly situated persons belonging to SC cate