The petitioner was appointed as Deputy Manger (General) in the Food Corporation of India (for short ‘the Corporation), on 15-05-2000, against a vacancy reserved in favour of OBC category. Initially, he was posted in the Regional Office at Lucknow and at present, he is in the Regional Office, Hyderabad. The post held by him has since been re-named as Assistant General Manager (General).

2. A recruitment notification was published by the Corporation in July, 2008, for 12 posts of Deputy General Manager (General Administration). Out of them, 4 posts are reserved in favour of OBC category. In-service candidates were also permitted to apply. The notification made it clear that the benefit of reservation shall not be available to the candidates, who fall within the Creamy Layer of the OBC category.

3. The petitioner submitted his application, stating that he belongs to OBC category and ticked the relevant column, indicating that he falls into “creamy layer”. He enclosed the caste certificate issued to him in the year 1995.

4. Written test for the posts was held on 09-11-2008, at Chennai. On the basis of the performance therein, the petitioner was issued intimation to appear for group discussion and interview, to be held on 30-01-2009 in the headquarters of the Corporation, at New Delhi. Candidates were required to furnish bio-data, while attending the interview, and one of the columns related to the social status. The petitioner mentioned that he belongs to OBC and falls into ‘creamy layer’. The results of the selection were declared in the website in the last week of April, 2009. The petitioner was shown as having been selected for the post of D.GM under OBC Non-Creamy Layer (NCL) category. He was required to submit the latest proof, as to his social status.

5. The petitioner addressed a letter dated 12-05-2009 to the Corporation with a request to extend the time for submission of the social status certificate, till the end of May, 2009. He further stated that on account of lack of knowledge, he mentioned in the application form and bio-data that he is within the creamy layer, though, in fact, he is in the NCL category. He submitted the OBC certificate dated 20-05-2009, issued by the competent authority, vide covering letter dated 21-05-2009. It was mentioned that the annual income of his father is Rs.50,000/-. The grievance of the petitioner is that he has not been selected, in spite of the fact that he is within the NCL of OBC. He made a reference to the representation said to have been made by Sri Sudesh Kumar Yadav, the 4th respondent, and the further action taken thereon about the social status of the petitioner. With this background, the petitioner prays for a Writ of Mandamus to declare that the action of the respondents 1 to 3, in not appointing him to the post of DGM under OBC category, is arbitrary, illegal and unconstitutional. Consequential direction is sought against respondents 1 to 3, to appoint him to the said post.

6. On behalf of the respondents 1 to 3, a common counter-affidavit is filed. It is stated that, in clear and unequivocal terms, the petitioner stated that he is within the creamy layer of OBC category, and in that view of the matter, he has not been issued order of appointment. According to them, though the case of the petitioner was processed under the NCL category, after due verification of the information furnished in the application forms, and on consideration of the representations made by certain candidates, the matter was examined and the result was that the petitioner was not selected since he stated in application and bio-data that he is within the creamy layer.

7. Smt. M. Bhaskara Lakshmi, learned counsel for the petitioner submits that on account of the fact that the concept of creamy layer was introduced, just about that time, the petitioner was of the view that the income of the applicant himself becomes relevant, and thereby, proceeded on the assumption that he falls into the cream