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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 28.03.2026 Judgment pronounced on: 02.04.2026 Judgment uploaded on: 02.04.2026 + W.P.(C) 13505/2023 & CM APPL. 53300/2023 GOVT OF NCT OF DELHI AND ORS .....Petitioners Through: Mrs. Avnish Ahlawat, SC GNCTD Services with Mr. Nitesh Kumar Singh, Ms. Aliza Alam & Mr. Mohnish Sehrawat, Advs.

versus SHRI RAM VEER SINGH .....Respondent Through: Mr. Kedar Yadav & Ms. Sanya Verma, Advs.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN

J U D G M E N T

ANIL KSHETARPAL, J.:

1. The present Petition, filed by the Petitioners, assails the correctness of the order dated 02.03.2023 [hereinafter referred to as the „Impugned Order‟] passed by the learned Central Administrative Tribunal [hereinafter referred to as the „Tribunal‟] in O.A. No. 3303/2015. By virtue of the Impugned Order, the Tribunal has allowed the Original Application preferred by the Respondent and has directed the Petitioners to recommend his name as selected under the Scheduled Caste category for the post of Driver in Delhi Transport Corporation [„DTC‟], Post Code 065/09, along with consequential benefits.

2. The principal issue that arises for consideration is whether a Scheduled Caste candidate who migrated from another State (Uttar Pradesh) to the National Capital Territory of Delhi is entitled to reservation benefits in a recruitment process conducted in 2009-2012, and if so, whether such benefit can be granted at a belated stage after the selection process has long concluded.

3. The factual matrix, to the extent relevant for adjudication of the present Petition, is not in dispute. The Respondent applied for the post of Driver in DTC pursuant to Advertisement No. 03/09 issued by the Delhi Subordinate Services Selection Board [„DSSSB‟]. He participated in the selection process under the Scheduled Caste category and successfully qualified both the written examination and the skill test.

4. However, at the stage of verification of documents, the candidature of the Respondent was rejected on the ground that he belonged to a Scheduled Caste notified in the State of Uttar Pradesh and, therefore, was not entitled to the benefit of reservation in the National Capital Territory of Delhi in terms of the law declared by the Supreme Court in Subhash Chandra & Ors. v. DSSSB, (2009) 15 SCC 458

5. Aggrieved by the said rejection, the Respondent initially approached the Tribunal by filing O.A. No. 3642/2011. The said application was disposed of on 13.02.2014 with a direction to the Petitioners to re-examine the case of the Respondent in light of the then prevailing legal position. Pursuant thereto, the Petitioners reconsidered the matter but once again rejected the candidature of the Respondent by a reasoned order dated 08.08.2014, reiterating that the Respondent was an “outsider Scheduled Caste” candidate and was not eligible for reservation in Delhi.

6. The Respondent thereafter filed O.A. No. 3303/2015, which has been allowed by the Tribunal by the Impugned Order. The Tribunal, while allowing the Original Application, placed reliance upon the Constitution Bench judgment of the Supreme Court in Bir Singh v. Delhi Jal Board & Ors., Civil Appeal No. 1085/2013 decided on 30.08.2018, wherein the legal position with regard to entitlement of Scheduled Caste candidates migrating to Union Territories to claim reservation benefits was clarified.

7. The present Petition has been filed challenging the aforesaid order.

8. It is an admitted position that the recruitment process in question pertains to Advertisement No. 03/09 and that the selection process stood concluded between the years 2010 to 2012. It is also not in dispute that the Respondent has not been appointed till date and has not rendered any service against the post in question.

9. After hearing learned counsel for the parties at considerable length, this Court, on 12.02.2026, had recorded the following order:

“1. The present Petition, preferred by the Pet