Delhi High Court Declines PIL Seeking Job Reservation for Terror Victims

The Delhi High Court has refused to entertain a public interest litigation seeking reservation in government jobs and a uniform rehabilitation policy for victims of terror attacks, holding that such matters fall within the exclusive domain of the government.

The Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia made it clear that courts cannot direct the creation of new rights or policies, especially in areas involving administrative and legislative decisions.

The petition had sought a direction to formulate a uniform policy to support families affected by terror attacks. It also proposed a two per cent reservation in government jobs for such victims and their families. However, the Court questioned the legal basis of these demands.

During the hearing, the Bench observed that there is a clear distinction between enforcing existing legal rights and creating new entitlements. It asked whether such a right to reservation existed in law and emphasised that policy decisions cannot be shaped through judicial orders.

Appearing for the petitioner organisation, Ramesh Gupta argued that repeated representations had already been made to authorities, including the Prime Minister’s Office, but no concrete steps had been taken. The plea highlighted concerns regarding the absence of a structured and uniform policy for compensation, medical aid, and employment benefits for victims.

Despite these submissions, the Court maintained that it could not step into the role of the executive. The Chief Justice remarked that even judges may have ideas for improving governance, but that does not mean courts can issue directions on such matters.

The Bench ultimately disposed of the petition, advising the petitioner organisation, South Asian Forum for People Against Terror, to approach the appropriate government authorities with a formal representation.

The Court further directed that if such a representation is made, the concerned authorities should consider it and pass reasoned orders in accordance with law.