The Delhi High Court has rejected a petition by a candidate who seeks appointment by de-reserving the unfilled seats reserved for the Scheduled Caste and Scheduled Tribe (SC/ST) persons in the Delhi Higher Judicial Service 2022 (DHJS).
A division bench of Justices Vibhu Bakhru and Justice Amit Mahajan said that there is no reason that the petitioner should be appointed to the DHJS.
The bench added that as a matter of right, that the vacancies reserved for SC/ST candidates should not be de-reserved.
The court also rejected the contention of the petitioner that he is entitled to be considered for appointment as he belongs to the Economically Weaker Section (EWS) as the advertisement said nothing for EWS category.
A candidate whose name is Rabindra Tiwary had approached the court for the appointment as a Judicial Officer at the DHJS by creating a supernumerary vacancy.
Tiwary said that directions should be issued to the respondents to de-reserve the vacancies reserved for candidates who belonged to SC/ST by amending the advertisement published on February 24, 2022 and add EWS category to it.
Alternatively, he demanded that the advertisement for DHJS Exam-2022 be set aside.
The bench after hearing the petitioner said that notification issued for vacancy in newspaper cannot be increased by diverting vacancies earmarked for the reserved category.
The court also said that in the event any such de-reservation of reserved vacancies is considered necessary by the respondents, on account of the same remaining unfilled over a long period of time for want of the candidates meeting the qualifying criteria, the respondents may undertake the exercise for de-reserving such vacancies.
The court concluded that the petition was without merit and dismissed it.