The Delhi High Court has directed the Centre to appoint a man belonging to ‘Meena’ caste in Rajasthan to the post of constable in the Central Industrial Security Force (CISF) in Delhi region by giving him the benefit of reservation to the Scheduled Tribe (ST).
Rahul Kumar Meena’s application for selection to the CISF, Delhi region, in the reserved category was rejected by the government as he belongs to the ‘Meena’ caste, which was not a notified ST category in the Central list.
However, a Bench of Justice G.S. Sistani and Justice Jyoti Singh referred to the High Court’s September 2012 verdict which ruled that members of the Scheduled Castes (SCs) and STs on migration from their home State to a Union Territory will carry their right to reservation.
The Staff Selection Commission (SSC) had in January 2015 put an advertisement for recruitment to the post of constable in BSF, CRPF, CISF, ITBP, SSB, NIA and SSF, and rifleman in Assam Rifles. The total number of vacancies was 53,857 in the male category. Of these, 27,604 vacancies were for the unreserved category; 12,204 for OBC category; 5,161 for STs and 8,888 for SCs.
According to the physical standard guidelines, the requirement of minimum height for unreserved category was 170 cm for male candidates. However, for candidates belonging to ST category, there was a relaxation in the height standard and the minimum height required was 162.5 cm.
Meena, who is 169 cm tall, applied for the post in the ST category and subsequently cleared the written exam. He even passed the medical examination. However, his name did not figure in the merit list. The government later pointed out that he was treated as an unreserved candidate, since he belonged to a caste which was not notified in the Central list, and hence failed to qualify the physical standard.
“The petitioner’s caste ‘Meena’ has been notified as ST in Rajasthan and there is no dispute on this fact… The petitioner had applied for selection in the Delhi region and it is again undisputed that Delhi is a Union Territory,” the Bench noted. Citing the 2012 verdict of the court, the Bench said Meena will be entitled to the benefit of relaxation in the physical standards and the minimum height required for his selection would only be 162.5 cm. The Bench directed the Centre to issue an offer of appointment to Meena within two weeks.
