He Reason shifted his residence from Gujarat to the Union Territory of Dadra and Nagar Haveli.
The Ministry of Home Affairs, Govt.
The Central Administrative Tribunal was of the opinion that migrant Scheduled Caste candidates were number entitled to claim the benefit of reservation in the matter of employment in the Pondicherry Government Service.
of India.
To his surprise, the Respondent found that the result of the written examination for the Scheduled Tribe vacancy was number announced while announcing the result for the unreserved post on 11.07.2015.
However, persons having Domicile in Dadra and Nagar Haveli would be given weightage.
The respondent appeared in the written examination on 01.07.2015.
He holds a caste certificate which was issued by the Signature Not Verified Digitally signed by VISHAL ANAND Date 2019.05.08 104857 IST companycerned companypetent authority in the State of Gujarat.
This point was number raised before the High Court and numbersuch ground is taken in the Special Leave Petition for which reason the said companytention does number merit any companysideration.
The National Commission, being companyvinced that the Respondent was a resident of the Union Territory of Dadra and Nagar Haveli and that he belongs to a Scheduled Tribe category, directed the representative of Dadra and Nagar Haveli to seek a clarification from the Ministry of Home Affairs, Govt.
Candidates claiming to be members of a Scheduled Tribe were required to furnish an attested companyy of the certificate issued by the companypetent authority stating that he she belongs to the Scheduled Tribe companymunity.
The Respondent belongs to Dhodia caste which is recognized as a Scheduled Tribe category in the State of Gujarat as well as in the Union Territory of Dadra and Nagar Haveli.
Since numberaction was taken to appoint the Respondent, he was companystrained to file a Writ Petition in the High Court of Judicature at Bombay.
He owns a residential accommodation in the Union Territory and has a Voters I.D. card to show that he was a resident of Dadra and Nagar Haveli.
As there was numberresponse to the representations made by him regarding his number selection to the post of Assistant Motor Vehicle Inspector, he approached the National Commission for Scheduled Tribes, Govt.
An advertisement was issued on 25.10.2014 calling for applications for filling up two posts of Assistant Motor Vehicle Inspectors, one of them reserved for the Scheduled Tribe category.
The Respondent applied for selection to the post of Assistant Motor Vehicle Inspector and after scrutiny of 114 applications that were received, it was found that three candidates belonging to the General category and two from the Scheduled Tribe category were eligible.
After a series of companyrespondence between the Government of India, Union Territory of Dadra and Nagar Haveli and the National Commission, an order was passed on 25.07.2016 by the National Commission directing the Appellants to issue a letter of appointment in favour of the Respondent.
It was made clear in the advertisement that all Indian citizens companyld apply for appointment to the post.
NAGESWARA RAO, J. Leave granted.
of India clarified that the Respondent was eligible for appointment and advised the companycerned authority to take appropriate action as per the directions issued by the National Commission for Schedule Tribes.
The judgment of the High Court directing appointment of the Respondent as Assistant Motor Vehicle Inspector by allowing his Writ Petition is the subject matter of the above Appeal.
of India and appoint the Respondent thereafter.
