Sarita vs Chairman And Ors.

Nita Chowdhury, Member (A)

Heard learned counsel for the parties.

By filing this OA, the applicant is seeking the following reliefs:-

"A. Direct the respondent no.1 to withdraw their rejection notice dated 29.08.2016 by which the candidature of the Applicant was rejected; and

B. Direct the respondent no.1 to reconsider the candidature of the Applicant on the basis of her caste certificate dated 15.11.2010 which was duly issued by the competent authority of Govt. of NCT of Delhi.

C. Direct the respondent no.2 to issue the offer of appointment to the Applicant on the basis of the result released by the respondent no.1 in which the petitioner's name was empanelled at sl. No.14; and

D. Direct the respondent no.3 to direct the respondent no.1 to withdraw the rejection notice dated 29.08.2016 rejecting the candidature of the Applicant for the post of TGT (English) female post code 107/12.

E. Any subsequent date as may be directed by this Hon'ble Tribunal. Any other order(s) as may be deemed fit and appropriate may also kindly be passed."

The grievance of the applicant in this case is against the rejection notice dated 29.8.2016 vide which the candidature of the applicant for the post of TGT (English) Female Post Code 107/12 under OBC category was rejected on the ground that OBC certificate provided by the applicant is not for OBC (Delhi) and as such the applicant cannot be considered for giving benefit under OBC category for direct recruitment.

Pursuant to notice issued to the respondents they have filed their reply in which they have stated that the Board while advertising the vacancies for the post of TGTs/TGT(MIL) vide advertisement no.2/12 had clearly mentioned at point no.5 of Section-C of the advertisement that the Reservation benefits will be available to the SC/ST/OBC/Physically handicapped & other special category candidates in accordance with the instructions/orders/circulars issued from time to time by the Competent/Notified Authorities. The applicant was a candidate for the post of TGT English (Female), Post Code 107/12 under OBC category.

4.1 As per policy of Government of Delhi, the following two types of certificates are considered as valid certificates for grant of benefit of reservation to OBCs in civil posts under Govt. of NCT OF Delhi:

I. OBC certificate (Delhi) issued by the Revenue Department of GNCT of Delhi, on the basis of any old certificate issued to any member of individual's family from GNCT of Delhi.

II. OBC certificate issued by a Competent Authority outside Delhi to a person belonging to a community duly notified as OBC by GNCT of Delhi. This Certificate should have mandatorily been issued on the basis of OBC certificate issued by Govt. of NCT of Delhi to any family member of the concerned person who had been residing in Delhi before 08.09.1993.

On scrutiny of OBC certificate provided by the applicant, it was found that the said certificate was issued on the basis of OBC certificate issued to her father, Sh. Rishal Singh, who is a permanent resident of Ward 26, Shakti Nagar, Bahadurgarh, Haryana. As such since the applicant did not fall under the above-mentioned criteria prescribed by the Delhi Government, her candidature for the post of TGT (English) Female under OBC category was rejected.

This Court perused the OBC certificate issued by Office of the Deputy Commissioner (North West District), Delhi dated 15.11.2010 in which it is certified that the said certificate was issued on the basis of OBC certificate issued to Shri Rishal Singh, TEH. Bahadur Garh verification, father of the applicant resident of Ward 26, Shakti Nagar, Bahadurgarh Haryana, who belongs to Khati caste which is recognized as Other Backward Class in the State/U.T. Haryana issued by the NIL vide their No.4020 dated 2. 10.2010.

From the above policy of the Govt. of NCT of Delhi as well as having regard to the OBC certificate issued to the applicant, it is evidently clear that OBC certificate issued to the applicant on the basis of the father's caste certificate which was issued to her father on 2.10.2010 by the State/U.T. Haryana and not on the basis of OBC certificate issued by Govt. of NCT of Delhi to any family member of the applicant who had been residing in Delhi before 08.09.1993.

In view of the above facts and circumstances of the case, this Court does not find any illegality in the action of the respondents issuing rejection notice dated 29.8.2016 rejecting the candidature of the applicant for the post in question against OBC category candidate. There shall be no order as to costs.