Niyam v2 is live — start for just ₹100 — 200 credits to try

may 2019

Supreme Court of India · 2019-05-07

DIRECTOR TRANSPORT DEPARTMENT UNION TERRITORY ADMINISTRATION OF DADRA AND NAGAR HAVELI SILVASSA vs MR. ABHINAV DIPAKBHAI PATEL

Citation / case number
SC 2017/17303
Court
Supreme Court of India
Petitioner
DIRECTOR TRANSPORT DEPARTMENT UNION TERRITORY ADMINISTRATION OF DADRA AND NAGAR HAVELI SILVASSA
Respondent
MR. ABHINAV DIPAKBHAI PATEL
Author
HON'BLE MR. JUSTICE L. NAGESWARA RAO
Bench
HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE 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, as supported by his caste certificate and voter ID. The Court noted that the Respondent's eligibility was confirmed by the National Commission for Scheduled Tribes and the Ministry of Home Affairs, which directed his appointment. The Court clarified that the policy requiring local candidates to provide domicile certificates does not apply to Scheduled Tribe members migrating from other states, thus affirming the Respondent's right to appointment under Article 16 of the Constitution.

DIRECTOR TRANSPORT DEPARTMENT UNION TERRITORY ADMINISTRATION OF DADRA AND NAGAR HAVELI SILVASSA vs MR. ABHINAV DIPAKBHAI PATEL · Niyam