The Delhi High Court has quashed a Speaking Order by the Ministry of Railways dated October 20, 2022 that denied recruitment parity to the Hindustan Scouts and Guides Association. The Court held that the Railway Board's refusal to extend the "Cultural-cum-Scouts and Guides" recruitment quota to the association violated the right to equality under Article 14 of the Constitution of India.

The Bench further noted that denying a quota to any scout or guide, who is a member of any scouting organisation which is recognized by Ministry of Youth Affairs and Sports, and specifically espousing the said quota to be open for only one organisation and its members, is ex-facie arbitrary.

Justice Mini Pushkarna observed,“…it is evident that the Railways has provided for an extensive process for qualification in recruitment under the special quota for Scouts and Guides, and the same is a process inuring a merit-based selection. There are multiple criteria which are considered for the selection under the said quota. Furthermore, the said Circular provides for the quota to exist for scouts and guides, which cannot mean to be only for the members of Bharat Scouts and Guides… denying a quota to any scout or guide, who is a member of any scouting organization which is recognized by MOYA, and specifically espousing the said quota to be open for only one organization and its members, is ex-facie arbitrary”.

“…in view of the process for merit-based selection adopted by the respondent, there can be no manner of favoritism or partiality to one organization, i.e., Bharat Scouts and Guides, in violation to Article 14 of the Constitution of India, when there is a similarly placed organization, i.e., petitioner no. 1. The respondent – Railways is also mandated to follow its own process and give effect to the same in an impartial, objective and meritbased manner”, the Bench further noted.

Advocate Anjana Gosain appeared for the petitioner, and Jagdish Chandra Solunk, CGSC appeared for the respondent.

The matter began when the Hindustan Scouts and Guides Association (Petitioner No. 1) challenged a Rejection Order dated November 25, 2022, passed by the Ministry of Railways. The association sought parity with the Bharat Scouts and Guides, which had long enjoyed exclusive access to a special recruitment quota in the Indian Railways for Group ‘C’ and Group ‘D’ posts.

The petitioners argued that they are part of the global scouting movement and are affiliated with the World Federation of Independent Scouts (WFIS), a UN-recognized body.

Furthermore, that the Ministry of Youth Affairs and Sports (MOYA) recognizes only two scouting organizations in India: Bharat Scouts and Guides and the petitioner's association. It also argued that both organizations receive financial grant-in-aid from MOYA and perform identical functions aimed at youth development and, therefore, excluding one recognised organization while favoring another creates an "artificially disadvantageous position" for 14 lakh members.

The Court noted that both organisations share identical objectives of personal development, community service, and adventure for youth. Furthermore, that MOYA, the nodal ministry for scouting, treats both entities as the only recognized non-governmental organizations in this field.

“There is no intelligible differentia that has been established by the respondent – Ministry of Railways, in passing of the Impugned Speaking Order dated 25th November, 2022. Thus, due to the arbitrary and discriminatory nature of the denial of parity to the petitioner no. 1 association and its members that are similarly placed to Bharat Scouts and Guides, the rejection of parity by respondent in recruitment to the members of petitioner no. 1 association, cannot be accepted”, the Bench noted.

Noting the preferential treatment, the Bench further observed, “…granting preference and quota reservation to only Bharat Scouts and Guides and not to the petitioner no. 1 association, which is also recognized by the MOYA as a scout and guiding organization, and involved in similar functions related to scouting and guiding, is clearly in violation of the fundamental right to equality as guaranteed by Article 14 of the Constitution of India. The plea raised by respondent regarding affiliation to WOSM, is unjustifiable and without any reasonable basis or intelligible differentia.

Citing Amita v. Union of India and Another, (2005) 13 SCC 721, the Court emphasised that Article 14 requires that "likes should be treated alike" and forbids discrimination between persons in substantially similar circumstances.

To rectify the disparity, the Court directed the Ministry of Railways to extend the benefit of the special recruitment quota to the Hindustan Scouts and Guides Association, and directed to update its recruitment policies to include members of the petitioner association who meet the prescribed qualifications.

Cause Title: Hindustan Scouts And Guides Association Through Its National Secretary Champat Singh & Anr. v. Union Of India Through Ministry Of Railways [Neutral Citation: 2026:DHC:2163]

Appearances:

Petitioners: Anjana Gosain and Subhash Chandra, Advocates.

Respondent: Tusha Chawla, Jagdish Chandra Solunk, CGSC, Maanya Saxena and Siddharth Bajaj, Advocates.

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Justice Mini PushkarnaDelhi High Court

Agatha Shukla