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Supreme Court of India 2019-05-07 allowed

DIRECTOR TRANSPORT DEPARTMENT UNION TERRITORY ADMINISTRATION OF DADRA AND NAGAR HAVELI SILVASSA vs MR. ABHINAV DIPAKBHAI PATEL

Bench: 2 — L. Nageswara Rao, M.R. Shah

In Brief

The Respondent, a member of the Dhodia Scheduled Tribe from Gujarat, migrated to and became a resident of the Union Territory of Dadra and Nagar Haveli. He applied for a post of Assistant Motor Vehicle Inspector reserved for Scheduled Tribes but was denied appointment by the Territory Administration, which claimed that only "locals" could claim the reservation benefit. The Supreme Court held that under the Presidential Notification, reservation is extended to Scheduled Tribes based on residence in the Territory, not origin. A migrant who is a bona fide resident is entitled to claim the reservation benefit. The Court upheld the High Court's direction to appoint the Respondent.

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Scheduled Tribes Scheduled Castes Reservation Constitutional Law Public Employment Domestic Migration Presidential Order Administrative Law Equality

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