OBC Certificate Issued Only For Applying To Posts Under Govt Of India Can’t Be Used To Claim Reservation To Delhi Govt Posts: High Court
The Delhi Excessive Courtroom has made it clear that the place the OBC certificates is issued to an individual from a backward neighborhood just for making use of to posts below the Central authorities, such a certificates can’t be used to say reservation to posts notified by the Delhi authorities.
A division bench of Justices C. Hari Shankar and Ajay Digpaul had been coping with the Delhi authorities’s attraction towards CAT order permitting one Jyoti, hailing from the Nai neighborhood recognised as an OBC within the State of UP, to avail reservation.
Jyoti had utilized for posts below the Well being Division on an commercial issued by the Delhi Subordinate Providers Choice Board.
Although she cleared the written examination, her candidature was rejected as her OBC certificates was not recognised in Delhi.
CAT nonetheless granted her aid, citing GNCTD v. Rishabh Malik (2019) whereby the candidate who furnished the OBC (Migrant/Outsider) certificates was chosen.
Within the writ petition, the federal government sought to differentiate the choice in Rishabh Malik (supra) on the bottom that aside from the OBC (Migrant/Outsider) certificates, the candidate therein was additionally in possession of an OBC (Delhi) certificates, on the idea of which he was in the end chosen. As towards this, it was submitted that the respondent-Jyoti had no such certificates together with her.
After listening to the events, the Excessive Courtroom in contrast the OBC Certificates furnished by the respondent vis-à-vis the stipulations in that regard in Clause 5 of the Emptiness Discover.
It discovered that the Respondent’s OBC certificates didn’t conform to the necessities envisaged within the Emptiness Discover because it was expressly issued solely “for making use of for appointment to posts below the Authorities of India”.
“Inasmuch because the posts marketed by the Emptiness Discover will not be posts below the Authorities of India however below the GNCTD, the OBC certificates dated 12 July 2017 could be of no avail to the respondent,” the Excessive Courtroom thus held.
It additionally famous that the OBC certificates clearly states that it has been issued on the idea of an OBC certificates issued to the Respondent’s father within the State of UP. the Courtroom stated,
“Clause 5 of the Emptiness Discover particularly requires the OBC certificates, if issued by the Income Division of the GNCTD, to be based mostly on an outdated certificates issued to any member of the candidate’s household from the GNCTD.”
As such, the Courtroom allowed the federal government’s plea.
Earlier than parting, the Courtroom noticed, “In issues of recruitment, particularly the place a lot of candidates apply, the circumstances within the notification or commercial inviting purposes need to be strictly construed and strictly adopted. The Courtroom can’t, of its personal accord, grant rest, on ideas of equity or fairness. The reason being apparent. If the Courtroom is to calm down the necessities of the notifications or commercial inviting purposes, it could do injustice to a number of candidates who, had the necessities been thus relaxed, might need utilized and didn’t achieve this merely due to the way during which the necessities have been framed within the notification or commercial.”
Look: Mrs. Avnish Ahlawat, SC with Mr. Nitesh Kumar Singh, Ms. Laavanya Kaushik, Mr. Mohnish Sehrawat and Ms. Aliza Alam, Advs for Petitioner; Mr. Pardeep Dahiya and Ms. Mahima Benipuri, Advs. for Respondent
Case title: GNCTD v. Jyoti
Case no.: W.P.(C) 10587/2024
