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Director Transport Department, UT Administration of Dadra and Nagar Haveli, Silvassa v. Mr. Abhinav Dipakbhai Patel

Civil Appeal · 2019 INSC 637Decided 7 May 2019
Civil Appeal No. 4665 of 2019
Justice L. Nageswara Rao · Justice M.R. Shah

Background

The respondent belongs to the "Dhodia" community, recognised as a Scheduled Tribe in both Gujarat and the Union Territory of Dadra and Nagar Haveli, and had relocated from Gujarat to the Union Territory where he owned a home, was married locally, and was on the voter's list. He applied for a Scheduled-Tribe-reserved post of Assistant Motor Vehicle Inspector, topped the written exam among eligible candidates, but the authorities withheld the result and refused to appoint him, treating him as an outside "migrant" rather than a qualifying local Scheduled Tribe candidate. After the National Commission for Scheduled Tribes and the Ministry of Home Affairs both found him eligible and still no appointment followed, he won a writ petition in the Bombay High Court directing his appointment, which the authorities then appealed to the Supreme Court.

Decision Breakdown

The Supreme Court held that the Presidential Notification recognising "Dhodia" as a Scheduled Tribe for the Union Territory extends the reservation benefit on the basis of residence, not on the basis of where the person originally came from, relying on precedents including S. Pushpa v. Sivachanmugavelu and the Constitution Bench ruling in Bir Singh v. Delhi Jal Board. Since the respondent had genuinely resided in the Union Territory for six years before the post was advertised, and the authorities' belated argument about a stricter "10-year residence" requirement had no evidentiary support and was never raised earlier, the Court found no merit in excluding him as a mere migrant. It held the authorities had caused "gross injustice" by withholding the appointment despite clear directions from the National Commission, and dismissed the appeal, upholding the High Court's order directing his appointment.

Lesson Learnt

A Scheduled Tribe candidate who has genuinely and lawfully relocated to and resided in a different State or Union Territory cannot be denied reservation benefits there merely for being a "migrant," so long as the community is recognised as a Scheduled Tribe in that territory and the person is a bona fide resident.

Official source (sci.gov.in)View Judgment (PDF)

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