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 High Court has made it clear that where the OBC certificate is issued to a person from a backward community only for applying to posts under the Central government, such a certificate cannot be used to claim reservation to posts notified by the Delhi government.
A division bench of Justices C. Hari Shankar and Ajay Digpaul were dealing with the Delhi government's appeal against CAT order allowing one Jyoti, hailing from the Nai community recognised as an OBC in the State of UP, to avail reservation.
Jyoti had applied for posts under the Health Department on an advertisement issued by the Delhi Subordinate Services Selection Board.
Though she cleared the written exam, her candidature was rejected as her OBC certificate was not recognised in Delhi.
CAT however granted her relief, citing GNCTD v. Rishabh Malik (2019) whereby the candidate who furnished the OBC (Migrant/Outsider) certificate was selected.
In the writ petition, the government sought to distinguish the decision in Rishabh Malik (supra) on the ground that apart from the OBC (Migrant/Outsider) certificate, the candidate therein was also in possession of an OBC (Delhi) certificate, on the basis of which he was ultimately selected. As against this, it was submitted that the respondent-Jyoti had no such certificate with her.
After hearing the parties, the High Court compared the OBC Certificate furnished by the respondent vis-à-vis the stipulations in that regard in Clause 5 of the Vacancy Notice.
It found that the Respondent's OBC certificate did not conform to the requirements envisaged in the Vacancy Notice as it was expressly issued only “for applying for appointment to posts under the Government of India”.
“Inasmuch as the posts advertised by the Vacancy Notice are not posts under the Government of India but under the GNCTD, the OBC certificate dated 12 July 2017 can be of no avail to the respondent,” the High Court thus held.
It also noted that the OBC certificate clearly states that it has been issued on the basis of an OBC certificate issued to the Respondent's father in the State of UP. the Court said,
“Clause 5 of the Vacancy Notice specifically requires the OBC certificate, if issued by the Revenue Department of the GNCTD, to be based on an old certificate issued to any member of the candidate's family from the GNCTD.”
As such, the Court allowed the government's plea.
Before parting, the Court observed, “In matters of recruitment, especially where a large number of candidates apply, the conditions in the notification or advertisement inviting applications have to be strictly construed and strictly followed. The Court cannot, of its own accord, grant relaxation, on principles of fairness or equity. The reason is obvious. If the Court is to relax the requirements of the notifications or advertisement inviting applications, it would do injustice to several candidates who, had the requirements been thus relaxed, might have applied and did not do so merely because of the manner in which the requirements have been framed in the notification or advertisement.”
Appearance: 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