The Delhi High Court has observed that reservations cannot be given with one hand and taken away by another — through invoking technicalities, and forgetting the hardship and difficulties faced by such members in accomplishing the smallest of the things, including literacy and awareness.
A Bench of Justices Rajiv Sahai Endlaw and Asha Menon made the remarks while directing the government to allow a Scheduled Tribe man to submit his height relaxation certificate for recruitment as Sub-Inspector in Delhi Police, Central Armed Police Forces, and Assistant Sub-Inspector in Central Industrial Security Force.
Lekhraj Meena had cleared the Computer-Based Examination (Paper-I) and Physical Standard Test (PST) during the recruitment process. However, he could not produce his height relaxation certificate while undergoing the Physical Efficiency Test (PET).
Height relaxation
Mr. Meena was granted five days by the examiners at the Group Centre (CRPF) in Greater Noida to produce his certificate for height relaxation. He, however, took 10 days to submit the certificate, and the examiners declined to accept it.
Taking note of Mr. Meena’s petition, the court directed the government to “permit the Mr. Meena to submit the certificate”. It also directed the government to allow Mr. Meena to be considered for recruitment if the certificate is in order and he qualifies in PST/PET.
The High Court remarked that “members of the STs have been granted certain reservations/relaxations, not only legislatively but also constitutionally, and shows the need therefor".
“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 Bench observed.
“The said reservations/relaxations are in admission of the disadvantages which the STs have suffered for generations and these disadvantages place them in an unequal position vis-a-vis other citizens,” the High Court noted.
“Such disadvantages extend to all parameters of daily life, making it more difficult than for others,” it said.
