Delhi High Court Directs Railways To Extend Scouts & Guides Quota To Hindustan Scouts, Finds Denial Arbitrary

The Delhi High Court has directed the Ministry of Railways to extend the benefit of recruitment under the Scouts and Guides quota to the Hindustan Scouts and Guides Association, holding that denial of such benefit was arbitrary and violative of Article 14 of the Constitution.Justice Mini Pushkarna held that the petitioner association, which is recognised by the Ministry of Youth Affairs and Sports (MOYA), could not be excluded from the quota when a similarly placed organisation, Bharat Scouts and Guides, was being granted the benefit.“Petitioner no. 1 association has more than 14 lac members who are either scouts or guides, performing the same functions as the members of Bharat Scouts and Guides, thus, positioning them as similarly placed persons to those members of Bharat Scouts and Guides, that are enjoying the benefit of the special quota of the respondent,” it observed.It added that Railways, being an organ of the government, has the bounden duty to adopt, advocate and practice equal treatment for similarly placed persons, in consonance with the letter and spirit of Article 14 of the Constitution.The Court was dealing with a writ petition filed by the Hindustan Scouts and Guides Association challenging the Railways' rejection of its request for parity in recruitment under the Scouts and Guides quota. The Court noted that Railways had not established any 'intelligible differentia” to justify granting quota benefits to only one organisation.The Railways had argued that Bharat Scouts and Guides is affiliated with the World Organization of the Scout Movement (WOSM), whereas the petitioner is not, and that this justified differential treatment.The Court rejected this contention, holding that affiliation with WOSM or similar international bodies is not a statutory requirement for recognition in India. “There is no material before this Court or any statutory provision that an international affiliation to a specific body is sine qua non for espousing scouting and guiding activities in the country. Therefore, the fact that the petitioner no. 1 does not have recognition from WOSM, is not a valid or justifiable ground for denying the benefit of quota reservation to petitioner no. 1, in parity with Bharat Scouts and Guides, especially, when petitioner no. 1 has been granted recognition by MOYA,” it said.As such, the Court held that the petitioner association cannot be excluded from consideration under the Scouts and Guides quota and directed the Railways to extend parity in recruitment benefits.Appearance: Ms. Anjana Gosain and Mr. Subhash Chandra, Advocate for Petitioners; Ms. Tusha Chawla, Advocate for applicant-Bharat Scouts and Guides; Mr. Jagdish Chandra Solunk, CGSC with Ms. Maanya Saxena and Mr. Siddharth Bajaj, Advocates for UOICase title: Hindustan Scouts And Guides Association Through Its National Secretary Champat Singh & Anr. v. Union Of India Through Ministry Of RailwaysCitation: 2026 LiveLaw (Del) 268Case no.: W.P.(C) 1957/2023Click here to read order

Delhi High Court Directs Railways To Extend Scouts & Guides Quota To Hindustan Scouts, Finds Denial Arbitrary

LIVELAW NEWS NETWORK

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

LIVELAW NEWS NETWORK

Delhi High Court Directs Railways To Extend Scouts & Guides Quota To Hindustan Scouts, Finds Denial Arbitrary

LIVELAW NEWS NETWORK

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

LIVELAW NEWS NETWORK

This is a premium content
Available exclusively to
Our subscribers