Delhi HC sets aside SC Commision direction for appearance of Delhi Police Commissioner, directs closure of complaint proceedings

Jul 28, 2026

New Delhi [India], July 28 : The Delhi High Court has set aside the recommendations issued by the National Commission for Scheduled Castes (NCSC) in a complaint alleging caste-based discrimination during the recruitment process for the post of Assistant Sub-Inspector (Radio Technician) in Delhi Police, after the complainant undertook to withdraw the proceedings before the Commission.
Justice Sanjeev Narula directed the Commission to pass appropriate orders for closure of the complaint proceedings on the next date of hearing in view of the undertaking affidavit filed by the complainant before the Court.
The order was passed in a writ petition filed by the Commissioner of Police, Delhi, challenging the NCSC's minutes and recommendations dated February 12 and May 15, 2026.
Appearing for the Commissioner of Police, Delhi, Central Government Standing Counsel Ashish K. Dixit argued that the complaint is essentially a service dispute arising out of the evaluation of the complainant in the trade test, which fell outside the Commission's jurisdiction under Article 338 of the Constitution.
Advocate Dixit contended that the recruitment process had attained finality and did not permit an individual re-test. The petitioner also pointed out that the complainant's sister, who belongs to the same Scheduled Caste category and appeared in the same recruitment process, had successfully qualified the trade test, thereby negating the allegation of caste-based discrimination.
Adv Ashish Dixit further submitted that the complainant had already approached the CAT.
Appearing for the complainant, Advocate Esha Mazumdar, informed the Court that the complainant had filed an affidavit stating that she had already instituted proceedings before the CAT and would not pursue the complaint pending before the NCSC. She also undertook to withdraw the complaint before the Commission.
Accepting the complainant's undertaking, the High Court held that the very basis of the writ petition no longer survived. Accordingly, it set aside the impugned recommendations and directed the NCSC to close the complaint proceedings.

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