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.