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SUPREME COURT OF INDIA
UDAY UMESH LALIT, CJI., S. RAVINDRA BHAT, J.B. PARDIWALA, JJ.
Karn Singh Yadav - Appellant
Versus
Govt. of NCT Of Delhi & Ors. - Respondents
Civil Appeal No. 7001 of 2022 (Arising out of SLP (C) No.14948 of 2016)
Decided on : 28-09-2022
Selection Process - Other Backward Class - The court considered the rejection of a candidate's candidature for the post of 'A' Grade Staff Nurse in the Municipal Corporation of Delhi due to failure to submit documents certifying belonging to the Other Backward Class before the cut-off date. The court noted a similar case where the candidate's challenge was successful, but due to the cancellation of the candidature, no substantial relief could be granted in the present case.
Fact of the Case:
The appellant's candidature for the post of 'A' Grade Staff Nurse in the Municipal Corporation of Delhi was rejected due to failure to submit documents certifying belonging to the Other Backward Class before the cut-off date. The High Court rejected the appellant's writ petition challenging the rejection.
Finding of the Court:
The court noted a similar case where the candidate's challenge was successful, but due to the cancellation of the candidature, no substantial relief could be granted in the present case. The appeal was disposed of with no order as to costs.
Issues: The rejection of the appellant's candidature for the post of 'A' Grade Staff Nurse, Municipal Corporation of Delhi, and the challenge raised by the appellant against such rejection.
Ratio Decidendi: The court's decision was influenced by a similar case where the challenge was successful, but due to the cancellation of the candidature, no substantial relief could be granted in the present case.
Final Decision: The appeal was disposed of with no order as to costs.
ORDER :
1. Leave granted.
2. This appeal challenges the judgment and order dated 07.01.2013 passed by the High Court of Delhi in Writ Petition (C) No.55 of 2013.
3. We are presently concerned with the process of selection issued vide advertisement dated 30.08.2007 for the posts of “A” Grade Staff Nurse, Municipal Corporation of Delhi. The appellant had offered his candidature as a person belonging to Other Backward Class. His candidature was however rejected by the Authorities inter alia on the ground that the documents certifying him to be belonging to that community were not filed before the cut-off date.
4. The challenge raised by the appellant to such rejection did not meet with any success and the High Court by the order presently under challenge rejected the writ petition in limine.
5. It must be stated here that an identical fact situation came up for consideration before this Court in Ram Kumar Gijroya v. Delhi Subordinate Services Selection Board &Another, (2016) 4 SCC 754, wherein this Court ruled in favour of the concerned candidate. The instant matter is thus completely covered by said decision.
6. However, it must be noted here that as a result of cancellation of the candidature, the appellant was never appointed to the post in question and at this length in time, it will not be possible to grant any substantial relief to the appellant.
7. Therefore, the appeal is disposed of with no order as to costs.
AI
The cancellation of candidature due to failure to submit documents before the cut-off date and the inability to grant substantial relief in such cases.
The court emphasized the importance of providing substantial material to support claims and the impact of non-availability of relevant records on the verification of claims.
Appointment letters issued to candidates not selected in the final merit list are fraudulent and do not confer any right to continue in service.
Point of Law : As delay in disposal of the writ petitions would further entail delay in conclusion of the process of selection.
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