DELHI HIGH COURT UPHOLDS
OBC RESERVATION RIGHTS OF WOMAN CANDIDATE, DISMISSES DELHI GOVERNMENT'S WRIT
PETITION
Court rules that an OBC
certificate issued by Delhi authorities on the basis of an existing certificate
of a family member satisfies recruitment requirements; directs declaration of
candidate's result within eight weeks.
NEW DELHI | 1 NOVEMBER
2026
In a significant judgment
concerning reservation rights in public employment, the Delhi High Court has
dismissed a writ petition filed by the Government of NCT of Delhi (GNCTD)
challenging the eligibility of a woman candidate, Ms. Anju, to be considered under
the Other Backward Classes (OBC) category.
The judgment, pronounced
on 2 September 2026, by a Division Bench comprising Justice C. Hari Shankar and
Justice Vinod Kumar, upheld the decision of the Central Administrative Tribunal
(CAT) recognising Anju's eligibility for consideration as an OBC candidate.
The ruling was delivered
in Government of NCT of Delhi & Others v. Anju, W.P.(C) No. 6026/2025,
along with several connected matters involving disputes over OBC certificates
in government recruitment.
Advocate Anuj Aggarwal
appeared on behalf of Ms. Anju before the Delhi High Court.
BACKGROUND OF THE CASE
The dispute arose when
Anju's eligibility for OBC reservation benefits in a government recruitment
process was questioned despite her possession of an OBC certificate issued by
the Revenue Department of the Government of NCT of Delhi.
The certificate
identified Anju as belonging to the Jat community and recorded that it had been
issued on the basis of an earlier OBC certificate granted to her brother, Dyash
Choudhary, by the competent Delhi authority on 14 July 2017.
The recruitment
advertisement prescribed specific conditions for claiming reservation benefits
under the OBC category.
In particular, Clause
5(iv)(A) recognised an OBC certificate issued by the Revenue Department of the
GNCTD on the basis of an earlier certificate issued to a member of the
candidate's family by the Delhi authorities.
The Central
Administrative Tribunal accepted Anju's eligibility for consideration under the
OBC category.
However, the Delhi
Government challenged the Tribunal's decision before the High Court by filing
W.P.(C) No. 6026/2025.
HIGH COURT UPHOLDS THE
TRIBUNAL'S DECISION
After examining the
relevant recruitment conditions and the OBC certificate produced by Anju, the
Division Bench agreed with the findings of the Central Administrative Tribunal.
The High Court observed
that Anju's case was identical to that of another candidate, Suman, whose
eligibility was examined in a connected writ petition.
The Court specifically
held in paragraph 25 of its judgment:
"As in the case of
Suman, the certificate issued to the respondent was in terms of the Clause
5(iv)(A) of the advertisement."
The Bench further
recorded:
"We, therefore, are
in agreement with the Tribunal that the respondent was eligible to be
considered as an OBC candidate."
The High Court
consequently found no error in the Tribunal's decision recognising Anju's
eligibility for consideration under the reserved category.
The Government's writ
petition was accordingly dismissed.
RESULT TO BE DECLARED
WITHIN EIGHT WEEKS
In an important direction
providing practical relief to the candidate, the High Court ordered that Anju's
recruitment result be declared and consequential action taken within eight
weeks from the date of the judgment.
The direction appears in
paragraph 28 of the judgment:
"Let the result of
the respondent be declared and consequential action be taken within a period of
eight weeks from today."
The order requires the
recruitment authorities to act upon the judgment rather than leaving the
candidate's candidature unresolved.
However, the judgment
does not itself direct automatic appointment. Any consequential
appointment-related action remains subject to the applicable recruitment
requirements.
SIGNIFICANCE OF THE
JUDGMENT
The ruling is significant
for candidates whose OBC eligibility is questioned on account of the manner in
which their caste certificates were issued.
The judgment reinforces
the principle that recruitment authorities must examine a candidate's
certificate in accordance with the actual conditions prescribed in the
recruitment advertisement.
Where the advertisement
expressly recognises a Delhi OBC certificate issued on the basis of an earlier
certificate granted to a family member by the Delhi authorities, a certificate
satisfying that requirement cannot be rejected merely by disregarding the
prescribed criterion.
Importantly, the judgment
should not be interpreted as granting OBC reservation benefits to every
candidate possessing a certificate issued in Delhi, irrespective of the
applicable reservation rules. The decision rests on the specific terms of the
recruitment advertisement and the certificate produced by Anju.
For government job
aspirants involved in similar disputes, the ruling underscores the importance
of the documentary requirements expressly stated in recruitment notifications.
It also highlights the
role of judicial scrutiny in ensuring that recruitment decisions remain
consistent with the prescribed eligibility conditions.
LEGAL REPRESENTATION
Ms. Anju was represented
before the Delhi High Court by Advocate Anuj Aggarwal, practising in service
and employment law.
The judgment forms part
of a group of connected cases addressing questions concerning OBC certificates
and reservation eligibility in public recruitment.
The connected proceedings
also included GNCTD & Others v. Suman, W.P.(C) No. 10124/2025, and DSSSB
& Another v. Lal Chand, W.P.(C) No. 6450/2025.
The decision in Anju's
case provides a clear example of judicial intervention where a candidate's
entitlement to consideration under a reserved category is supported by the
certificate requirements stipulated in the recruitment advertisement.
CASE DETAILS
|
Particulars |
Details |
|
Case title |
GNCTD & Others v.
Anju |
|
Case number |
W.P.(C) 6026/2025 |
|
Court |
High Court of Delhi |
|
Bench |
Justice C. Hari Shankar
and Justice Vinod Kumar |
|
Judgment date |
2 September 2026 |
|
Subject |
OBC reservation
eligibility in government recruitment |
|
Outcome |
Government's writ
petition dismissed |
|
Direction |
Declare result and take
consequential action within eight weeks |
|
Counsel for Anju |
Advocate Anuj Aggarwal |
ANUJ AGGARWAL &
COMPANY
ADVOCATES
Office Address
K-17, 2nd Floor, Jangpura
Extension, New Delhi – 110014
Delhi High Court Chambers
483, Block-II, Lawyers
Chambers, Delhi High Court, New Delhi – 110003
+91 9891403206
anujaggarwal1984@gmail.com
anujaggarwalcompany@gmail.com
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