RAJIV SAHAI ENDLAW, J.

1. The appeal impugns the order dated 24th November, 2010 of the learned Single Judge allowing W.P.(C) No.382/2009 preferred by the five respondents seeking mandamus commanding the appellants Delhi Subordinate Services Selection Board (DSSSB) and Govt. of NCT of Delhi to accept the Other Backward Classes (OBC) Certificates submitted by them for selection to the post of Staff Nurse in the Department of Health and Family Welfare, Govt. of NCT of Delhi after the cut off date provided there for. It was the case of the respondents in the writ petition that the appellants had vide advertisement published on 30th August, 2007 invited applications for the post of Staff Nurse; that the last date specified in the said advertisement for submitting the applications was 21st January, 2008; the respondents applied before the cut off date for selection under the OBC category and the appellants issued Admit Card enabling the respondents to appear in the examination to be held therefor; that the respondents had so appeared in the examination and were short listed for selection; that however their names did not find mention in the list published on 29th July, 2008 of selected candidates; that on enquiries they learnt that they were not selected for the reason of their having not submitted the OBC Certificates issued by the appropriate authority of belonging to the OBC Category along with their application forms. The respondents hence claimed the relief aforesaid commanding the appellants to accept the OBC Certificates from them. Notice of the said writ petition was issued. It appears that the respondents herein applied for early hearing of the writ petition on the ground that the matter in controversy was covered by the judgment dated 11th February, 2009 in W.P. (C) No.9112/2008 titled Ms. Pushpa Vs. Govt. of NCT of Delhi. The said application for early hearing was listed before the learned Single Judge on 24th November, 2010 when the same was allowed and the writ petition taken up for hearing immediately. The learned Single Judge finding the matter to be covered by Ms. Pushpa (supra) allowed the writ petition and directed the appellants to re-consider the selection of the respondents in the OBC Category. Aggrieved there from this appeal was preferred, notice whereof was issued. Only the respondents no.1, 2 & 5 namely Sh. Ram Kumar Gijroya, Sh. Kanhaiya Lal Yogi and Sh. Jaswant Kumar Yadav have chosen to contest the appeal.

2. The respondents in the appeal have also opposed the prayer of the appellants in appeal for condonation of delay of 160 days in preferring the appeal. We had on 9th November, 2011 directed the appellants to produce the original records whereby the file of the appeal was processed. The said records were produced before us and have been perused and we are satisfied that the delay in preferring the appeal is unintentional and bona fide and sufficient cause for condonation thereof is made out. Accordingly, the said delay is condoned and the appeal is considered on merits.

3. W.P.(C) No.8087/2011 has been preferred impuging the order dated 29th April, 2011 of the Central Administrative Tribunal, Principal Bench, New Delhi dismissing O.A. No.2427/2010 under Section 19 of the Administrative Tribunals Act, 1985 preferred by the petitioner seeking a direction for her appointment for the post of Matron in the office of the DG, Prisons, in the OBC Category. Finding the controversy in the writ petition to be the same as in the appeal aforesaid, notice thereof was issued for the same date when the appeal was listed.

4. It is the case of the appellants in the appeal that the applicants in pursuance to the advertisement supra and seeking appointment in the OBC Category were required to submit the certificate of belonging to the OBC Category along with the application form by the cut off date advertised for submission of the applications; that none of the respondents however so submitted the certificate; t