Supreme Court
12.08.2024
OBC
(Central) Certificate is valid for claiming OBC reservation in Delhi - Appointment
on the post of Special Educator (Primary) in MCD
In
terms of DSSSB’s Advertisement dated 04.03.2021, Ms. Tanisha Ansari applied for
appointment on the post of Special Educator (Primary) (Post Code: 32/21) in
Municipal Corporation of Delhi (MCD) under OBC category.
Ms.
Ansari had OBC (Central) Certificate dated 31.03.2021, on the basis of which
she applied under the OBC category. It may be noted that vide Notification
dated 20.01.1995, “Ansari” has been recognized as an Other Backward Class (OBC)
by the Delhi Government for jobs in Delhi. Further, vide Notification dated 12.08.2011,
“Ansari” has been recognized as Other Backward Class (OBC) by the Central
Government for jobs in Central Government.
On
05.01.2022, DSSSB declared the marks of all the candidates who had appeared in
the Computer Based Test (CBT). Marks of Ms. Ansari were also declared and she
was shortlisted for uploading the e-dossier. Accordingly, Ms. Ansari uploaded
her e-dossier at the DSSSB’s website. However, vide Notice dated 27.04.2022,
DSSSB directed Ms. Ansari to upload an OBC (Delhi) Certificate for claiming OBC
reservation.
On
29.04.2022, Ms. Ansari applied for issuance of OBC (Delhi) Certificate. On 02.05.2022,
Delhi Government issued OBC (Delhi) Certificate dated 02.05.2022 to Ms. Ansari.
On 07.05.2022, Ms. Ansari duly uploaded the OBC (Delhi) Certificate dated
02.05.2022 at the DSSSB’s website. However, vide Order dated 01.07.2022, DSSSB
rejected the candidature of Ms. Tanisha Ansari under the OBC category.
Being
aggrieved by the rejection Order dated 01.07.2022, Ms. Ansari filed an Original
Application (OA No. 2112/2022) before the Central Administrative Tribunal (CAT),
Delhi. Vide Order dated 25.08.2023, the Central Administrative Tribunal allowed
the Original Application and directed the DSSSB, as well as MCD, to treat Ms.
Ansari as an OBC candidate and, accordingly, appoint her on the post of Special
Educator (Primary) (Post Code: 32/21) in Municipal Corporation of Delhi (MCD)
under OBC category. The directive paragraphs of the Order dated 25.08.2023 are
reproduced below for ready reference: -
“2. Learned counsel for the applicant states that the applicant has
been treated as Unreserved Category despite the fact that he has holding a
valid OBC Certificate. He is a resident of Delhi belonging to Ansari community
which is in the notified list and in the Central Government which as per him is
duly recognized by the Government of NCT vide a circular dated 27.07.2007. For the
sake of clarity, the same is reproduced as under: -
“Sub: Reservation for OBCs in the jobs under the
Government of NCT of Delhi.
Madam/Sir,
I am directed to inform that the Hon'ble Lt. Governor has
considered the matter regarding grant of benefit of reservation to OBCs in
Civil posts under the Govt. of NCT of Delhi and has decided that the Central
list for OBCs qua Delhi and castes defined as GBCs by OBC Commission and
accepted so by the Government be extended the benefit of reservation in Delhi.
In light of the above, appropriate action for grant of benefits
of reservation to OBCs in the civil posts of Govt. of NCT of Delhi may be taken
accordingly”
3. He further reiterates that similar stand was reiterated vide recent
circular dated 08.11.2021, which also reads as under: -
“Sub: Reservation for OBCs in the Jobs under the
Government of NCT of Delhi reg.
Sir,
I am directed to refer to Service Department letter No.F.19(10)2001/8-III/
Pt. file /2278-2285 dated 27/07/2007 by which it has been conveyed with the
approval of Hon'ble Lt. Governor that benefit of reservation to OBCs in Civil
Posts under the Govt. of NCT of Delhi be extended to the Castes mentioned in
Central list for OBCs qua Delhi, and caste defined as OBCs by OBC Commission
and accepted so by the Govt.
2. Therefore, the castes mentioned in the Central OBCs list
have been accepted by the Government of Delhi for extending benefits of
reservation in Civil posts under the Government of NCT of Delhi in addition to
castes notified by the Government of Delhi vide above mentioned letter dated
27-07-2007.
3. Accordingly, Revenue Department, GNCTD is hereby requested
to upload the complete list of castes (Notified by Government of NCT of Delhi
and caste notified under Central Govt. for the State of Delhi under Central
list- (copy enclosed)
This is issues with approval of competent authority.”
4. He places an Entry No. 26 in the said list. He further states that the
applicant secured 101.78 marks in OBC Category whereas the cut-off of the marks
of the last selected candidate in the OBC category were 84.44 marks. He has
also drawn attention to a Caste Certificate issued on 31.03.2021.
…….
…….
9. Learned counsel for the respondents does not dispute the fact that the
(Annexure A-9) was in proper format as per the Advertisement’s terms and
conditions only issued to be examined whether it has been uploaded in
accordance with the cut-off date or not. To our mind the decision relied upon
by the learned counsel for the respondents though relevant to the context that
the facts of the case were entirely different. Set of circumstances here we
find that the present case is squarely covered by the decision rendered in
Govt. of NCT of Delhi Through its Chief Secretary & Ors. v/s Anjana
(supra), which was upheld by the Hon’ble Apex Court as well.
………….
………….
10. We also draw strength from the judgment of the Hon’ble High Court in
W.P.(C) 9040/2019 titled Praveen Khatri and Ors. v/s Govt. of NCT of Delhi and
Ors., decided on 27.10.2021 as held as under:-
……………
……………
11. In view of the present OA, the impugned rejection and treating the
applicant as Unreserved qua the applicant is liable to be set aside. We allow
the present OA directing the respondents that the applicant shall be treated as
OBC candidate and shall be issued appointment letter within two months from the
date of receipt of a certified copy of this order. We further direct that once
the offer of appointment has issued, the applicant shall be entitled to
notional seniority only subject to the last selected candidate in her category.
The actual salary shall be granted to the applicant from the date of actual
joining.”
DSSSB, instead of implementing the Order dated 25.08.2023,
passed by CAT, Delhi, challenged the same before the Delhi High Court. Vide
Order dated 11.01.2024, Delhi High Court dismissed the writ petition filed by
the DSSSB. Directive paragraphs of the Order dated 25.08.2023 reads as under: -
“13. Before we conclude, we may also deal with the
decisions in Divya (supra) and Gaurav Singh (supra) relied upon
by the petitioner. In these decisions, the Court was dealing with a situation
where the applicants therein had failed to submit the certificates for the
relevant financial year and therefore the Apex Court held that a certificate
pertaining to a different financial year has to be out rightly rejected. In
Divya (supra), the Apex Court was dealing with a situation where the candidates
had not submitted the requisite EWS certificate before the cut-off date.
However, in the present case, it is an admitted position that if the
certificate dated 31.03.2021 initially submitted by the respondent were to be
read with the orders dated 27.07.2007 issued by the Hon’ble Lieutenant
Governor, it was evident that she was required to be treated as an OBC
candidate for civil post under the Govt. of NCT of Delhi on the strength of
this certificate itself. Furthermore, the petitioner had itself granted an
opportunity to the respondent on 27.04.2022 to upload fresh certificates by
13.05.2022 and therefore, it cannot now be permitted to urge that the
certificate dated 02.05.2022, which even as per the petitioner was fully
compliant, cannot be taken into consideration. We are, therefore, of the
considered opinion that the decisions in Divya (supra) and Gaurav
Singh (supra) are not applicable to the facts of the present case.
14. For the aforesaid reasons, we find absolutely no
infirmity with the impugned order. The writ petition being meritless is
dismissed.”
DSSSB challenged the Order dated 11.01.2024, passed in WP
(C) No. 16098/2023 by Delhi High Court, before the Supreme Court. Vide Order
dated 12.08.2024, the Supreme Court was pleased to dismiss the SLP (C) No.
8315/2024.
https://advocateanujaggarwal.com/home.php
Anuj Aggarwal
Advocate
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Floor, Jangpura Extension,
New Delhi - 110014
483, Block-2,
Lawyers Chambers,
Delhi High Court,
New Delhi-110003
Mobile –
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Email – anujaggarwal1984@gmail.com
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