Sanjay Pal v. Govt. Of Nct Of Delhi

Shri G.George Paracken, Member (J): The applicant belongs to the OBC category from Uttar Pradesh and he is a candidate for the post of Driver in the Delhi Transport Corporation. The Respondent No.2 - DSSSB has not recommended his name for the appointment on the ground that he being an OBC candidate from out side the Government of National Capital Territory of Delhi is not entitled for such reservation.

2. We have heard the learned counsel for the parties. This issue has already been considered by this Tribunal in TA No.72/2010 decided on 18.11.2011, in which following order was passed :- 19. We have considered the submissions made by the learned counsel for the parties. In our considered view, since the Division Bench of the Apex Court in the case of State of Uttaranchal (supra) has directed the Registry of the Apex Court to place the matter before the Honble Chief Justice of India for constituting a Larger Bench, it will be in the fitness of things to adjourn this case sine die awaiting the decision of the Larger Bench to be so constituted. However, we make it clear that, if the decision of the Larger Bench when pronounced is in favour of the applicants, the respondents may, by themselves, grant relief sought by applicants in these Transfer Applications/Original Application.

3. The aforesaid order will apply in this case also. (Dr.A.K.Mishra) (G.George Paracken) Member (A) Member (J) /kdr/