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2016 Supreme(Del) 4444

VALMIKI J.MEHTA
YOGITA GODARA – Appellant
Versus
FOOD CORPORATION OF INDIA – Respondent


Advocates Appeared:
For the Petitioner: Ms. K.B. Hina.
For the Respondents: Ms. Neemlima Tripathi, Mr. Harish Kumar Garg and Ms. Puuram Kumari.

JUDGMENT :

VALMIKI J. MEHTA, J.

C.M. Appeal No. 46613/2016 (for exemption)

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

W.P. (C) No. 11817/2016 and C.M. Appeal No. 46612/2016 (for stay)

1. By this writ petition under Article 226 of the Constitution of India the petitioner impugns the order dated 17.11.2016 of the respondent no. 1/Food Corporation of India/employer terminating the services of the petitioner on the ground that the petitioner was only an OBC in the list of Government of National Capital Territory of Delhi but was not an OBC in the Central list of Union of India and thus it was found that the petitioner had obtained employment by wrongly claiming benefit of an OBC category although petitioner was not in the OBC category as per the Central List and as required by the recruitment process in question.

2. The facts of the case are that the respondent no. 1 issued an advertisement on 31.7.2010 for recruiting personnel in the category of Assistant Grade III. 59 out of the total 250 vacancies were reserved for OBC-Non Creamy Layer in the Central List. As per the advertisement the format of the OBC certificate had to be downloaded from the li




















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