Dharmendra Kumar vs Govt. Of Nct Of Delhi & Ors. on 9 November, 2011
14. This Court has considered the submissions made by both sides and
examined the documents placed on record. The law settled in the case of
Subhash Chandra (Supra) and followed by the Division Bench in the case
of DSSSB & Anr. vs. Mukesh Kumar & Ors. (supra), being quite clear,
needs no further elucidation and is binding on this court. Under ordinary
circumstances, in view of the fact that there are no Scheduled Tribes
notified in Delhi, this Court would not have hesitated in holding that the
petitioner could not obtain the benefit of reservation in the 7.5% quota
reserved for Scheduled Tribes based on a certificate in that regard, but
the additional affidavit filed by respondents No.2 & 3 reveals that for
reasons best known to them, they have continued to maintain the said
7.5% quota for Scheduled Tribes candidates for the academic year 2011-
12, by relying on a Cabinet decision of the Govt. of NCT of Delhi dated
W.P.(C) No.4843/2011 and 6078/2011 Page 9 of 13
12.10.2010 to the effect that the existing quota of 7.5% for Scheduled
Tribes candidates may be continued till an appropriate decision is taken in
respect of the revised draft bill entitled „The Delhi Educational Institutions
(Reservation in Admission) Bill, 2010‟. It is inexplicable as to why
respondent/Govt. of NCT of Delhi would create a 7.5% quota for
Scheduled Tribes, if there are no notified Scheduled Tribes in Delhi. If
there are no notified Scheduled Tribes in Delhi, and no person belonging
to a Scheduled Tribe notified in another State is permitted to be granted
admission in Delhi, then it would result in an absurdity inasmuch as the
7.5% quota seats would remain vacant.