Delhi High Court
Ashok Kumar vs Hindu College on 10 February, 2015
Author: Valmiki J. Mehta
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) No. 5447/2013
% 10th February, 2015
ASHOK KUMAR ..... Petitioner
Through: Mr.Umesh Sharma, Advocate.
versus
HINDU COLLEGE ..... Respondent
Through: Mr.Anurag Mathur, Advocate.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. By this writ petition the petitioner seeks the relief of direction to the
employer/respondent/Hindu College to follow the reservation policy in
allotment of staff quarters to class III employees and consequently to allot
staff quarter 'C-III/I' to the petitioner who falls in the SC quota.
2. The case of the petitioner is that the respondent/College as per its
letter dated 21.2.2006 itself admits that as per the roster point system for
type-II category flats, the 10th, 20th, 40th and 50th point will be for SC
employees and 30th and 60th will be for ST employees, and since the 10th
point allotment of the staff quarter has to go to an SC employee, the
petitioner is entitled to the subject flat.
3. There are two aspects which are required to be addressed for deciding
this petition. The first aspect is as to whether the quarter in question is a
type-III quarter or the same is a type-II quarter, inasmuch as the petitioner
claims that it is a type-II quarter, whereas, the respondent/College claims
that it is a type-III quarter. The second aspect is as to whether even taking
the quarter as a type-II quarter, whether as per the roster point register, the
subject quarter falls for allotment to an SC category candidate.
4. A reference to the counter-affidavit filed by the respondent/College
shows that as per the policy of allotment of flats, a total of 5% of the type-III
quarters are to be reserved for SC/ST candidates. The respondent/College
has in all four type-III staff quarters, and therefore one quarter has been
reserved for SC/ST candidate in view of the 5% quota. As per the counter
affidavit there is already allotted a type-III category quarter to one
Sh.Arvind Kumar Verma who is working as a Section Officer (Accounts)
and who falls in the SC category. Therefore, the employer/respondent states
that there cannot be another reservation of a type-III staff quarter for another
SC candidate till the vacation of the quarter by Sh.Arvind Kumar Verma.
Also, the respondent/College states that the quarter in question is a type-III
quarter and not a type-II quarter as is being alleged by the petitioner and
which was the subject matter of the letter of the respondent/College dated
21.2.2006.
5. The petitioner however in the rejoinder-affidavit insists that the
quarter in question is a type-II quarter and not a type-III quarter, and that the
allotment made to Sh.Arvind Kumar Verma was not the allotment in the
SC/ST category, and for which purpose reference is drawn to the letter of the
respondent/College dated 26.12.2011.
6. In my opinion, there is no merit in the writ petition for the reason that
besides the fact that the petitioner has not filed any proof with the writ
petition that the quarter in question is a type-II quarter, and not a type-III
quarter, in fact the letter relied upon by the petitioner itself dated 26.12.2011
states that the allotment to Sh.Arvind Kumar Verma is of a type-III quarter.
Therefore, Sh.Arvind Kumar Verma was allotted a type-III quarter and not a
type-II quarter as is being claimed by the petitioner. Also, merely because in
the letter dated 26.12.2011 it is not written that Sh.Arvind Kumar Verma is
allotted the quarter from the SC/ST category cannot take away the fact that,
admittedly Sh.Arvind Kumar Verma falls in the SC/ST category, and
therefore allotment of the quarter to him will be in terms of the 5%
reservation, and which quota stands fulfilled by allotment by the
respondent/College of the quarter to Sh.Arvind Kumar Verma.
7. In view of the above, since the quarter for allotment claimed by the
petitioner is neither type-II category flat as is alleged, and further that the
category of type-III flat for SC/ST candidate is already satisfied on account
of allotment to Sh.Arvind Kumar Verma, an SC candidate, the petitioner
cannot claim allotment of the subject Type-III quarter in the reserved
category.
8. Dismissed.
FEBRUARY 10, 2015 VALMIKI J. MEHTA, J
KA
