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may 2019

Supreme Court of India · 2019-05-07

Director Transport Department Union ... vs Mr. Abhinav Dipakbhai Patel

Citation / case number
AIRONLINE 2019 SC 553
Court
Supreme Court of India
Petitioner
Director Transport Department Union ...
Respondent
Mr. Abhinav Dipakbhai Patel
Author
L. Nageswara Rao
Bench
M.R.Shah, L. Nageswara Rao

Judgment text excerpt

The Supreme Court upheld the High Court's decision to appoint the Respondent as Assistant Motor Vehicle Inspector, emphasizing that he is a member of the Scheduled Tribe and a resident of Dadra and Nagar Haveli, thus eligible for the post despite the Appellants' argument regarding domicile requirements. The Court noted that the Respondent's caste certificate was valid and recognized by the competent authority, and the National Commission for Scheduled Tribes had directed his appointment. The Court clarified that the policy requiring local candidates to provide domicile certificates did not apply to Scheduled Tribe migrants, thereby affirming the Respondent's right to reservation benefits under Article 16 of the Constitution.

Director Transport Department Union ... vs Mr. Abhinav Dipakbhai Patel · Niyam