IMPORTANT POINTS
When the recruitment advertisement required possession of OBC certificate issued by Delhi only, candidates having OBC certificate from other States would be ineligible.
A candidate competing as OBC category cannot be permitted to migrate to general category on better marks in recruitment examination.

JUDGMENT

Hrishikesh Roy, J.

Leave granted.

2. Heard Ms Madhavi Divan, Learned Additional Solicitor General of India representing the appellants. The Learned Senior Counsel Ms Aishwarya Bhati, represents the contesting Respondent Nos. 2-6. The respondents and few others had filed the O.A. No. 1047 of 2014 before the Central Administrative Tribunal (CAT) and the same was allowed on 20.08.2018 (Annexure P/5). The resultant challenge by the appellants was dismissed under the impugned order of the High Court of Delhi in the Writ Petition (C) No. 557 of 2019, which has led to the present appeal.

3. The matter pertains to the recruitment of Special Education Teachers under the Govt. of NCT of Delhi. The Advertisement No. 01/2013 (Annexure P/1) was issued by the Delhi Sub-ordinate Services Selection Board where, for the vacancies of Special Education Teachers against Post Code 01/13, the following essential qualifications were stipulated:-

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i) Graduate with B.ED (Special Education) or B.ED. with a two years Diploma in Special Education or Post Graduate Professional Diploma in Special Education or any other equivalent qualification approved by Rehabilitation Council of India.

ii)Central Teacher Eligibility Test (CTET) conducted by Central Board of Secondary Education (CBSE).

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4. The respondents had obtained the CTET i.e. Central Teacher Eligibility Test qualification, under the relaxed pass norms for the OBC category, in States other than Delhi. They offered their candidature for the vacancies in Delhi and appeared in the recruitment test. But their candidature were held to be not-eligible, through the office order dated 19.02.2014 (Annexure P/2). The ground mentioned in the order is that the applicants are “CTET qualified as OBC but OBC outsider”.

5.1 Aggrieved by the above decision of the Delhi Sub ordinate Services Selection Board, the Original Applicants (9 in number), together filed the OA No. 1047 of 2014 before the CAT. The Applicants who belong to the OBC Category had acquired the CTET qualification by availing 5% relaxation in the qualifying marks in the CTET, from their respective States but had participated in the written examination conducted for the vacancies in Delhi. Before the CAT, the Original Applicants projected that they secured more marks than the last selected candidates under the General Category and yet, their candidature was rejected notwithstanding the fact that claim for selection is based entirely on the basis of their performance in the recruitment test.

5.2 However, the Govt. of NCT of Delhi, on the other hand contended before the Tribunal that for claiming benefits intended for the OBC Category vacancies in Delhi, the OBC Certificate must be issued by the Government of Delhi. Since respondents are not recognized as OBC in Delhi, they cannot claim eligibility qua the CTET criterion, with lower pass marks, in the CTET examination.

6. The Tribunal considered the rival contention and observed that rejection of the candidature of the Original Applicants would mean that the appellants do not recognize the CTET qualification. Relying on Vikas Sankhla & Ors. V. Vikas Agarwal & Ors., (2017) 1 SCC 350 the Tribunal took the view that there shall be no bar in considering meritorious applicants in the unreserved category if no weightage was given to CTET marks in preparation of the final merit list. Consequential direction was issued to the authorities for appointment of Original Applicants, in terms of their respective position in the merit list.

7. The Tribunal's Order was challenged in the High Court by the Govt. of NCT of Delhi. In the Writ Petition (C) No. 557 of 2019, the appellants contended that the Respondents cannot avail concession under the OBC category as they were permanent residents of other states. The Respondents could not also be considered under the unreserved category, as the same would be subject to minimum 60% marks for