December 26, 2020 3:10:12 am
While allowing the petition of a Scheduled Tribes (ST) candidate who failed to submit a certificate on time during the process of recruitment, allegedly due to the ongoing farmer protests, the Delhi High Court has said that reservations or relaxations cannot be given by one hand and taken away by another by invoking technicalities while forgetting the hardships and difficulties faced by them in accomplishing the smallest of things.
“The said need has to be fulfilled, not only by providing reservations/relaxations but also by providing relaxations in implementing the said reservations and benefits conferred on the STs,” the division bench of Justices Rajiv Sahai Endlaw and Asha Menon said.
Observing that such reservation is an admission of the disadvantages which the STs have suffered for generations and which have placed them in an unequal position as compared to other citizens, the court said such disadvantages extend to all parameters of day to day life.
The court made the observations in a case filed by Lekhraj Meena, who is a candidate for recruitment being held for sub-inspector post in Delhi Police, Central Armed Police Forces and assistant sub-inspector post in CISF by the Staff Selection Commission. He scored 96 percent in the Paper I and qualified in Physical Standard Test but was rejected during the Physical Efficiency Test conducted in Noida as he had not filled up the form of certificate for height relaxation, even though he had submitted the caste certificate.
When he was given 5 days for submitting the form, the court was told that he could not reach his home district in Rajasthan in time due to the farmers’ protests, and when he reached his district, there also was a delay in issuance of the certificate by authorities.
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