A person who conceals facts is not entitled to the benefit of equity or promissory estoppel.

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 link given on the website and the format of the certificate so downloaded made it clear that a candidate seeking benefit of OBC category for appointment must be an OBC as per the Central List. Petitioner filled up her form as an OBC candidate. Petitioner was successful in the recruitment process and after verifying the documents of the petitioner, the petitioner was given a letter of appointment to join as a probationer on 4.4.2011. Petitioner completed her probationary services and was confirmed in her services on 10.7.2012. After around one and a half year thereof, i.e. on 6.12.2013, the petitioner received a show cause notice dated 6.12.2013 asking the petitioner to show cause as to why her services should not be terminated because petitioner was not an OBC candidate as per Central List of OBC but was an OBC only as per the Delhi State List of OBCs. Full fledged enquiry proceedings were conducted by the Enquiry Officer who gave his report dated 1.4.2015 against the petitioner that the petitioner was not an OBC as per the Central List and hence it was concluded by the Enquiry Officer that the petitioner had wrongly obtained employment. Accordingly, the impugned order dated 17.11.2016 was passed terminating the services of the petitioner.

3. The issue before this Court is as to whether petitioner though is not an OBC as per Central List of OBC, whether still the petitioners services should not be terminated because the respondent no. 1 and its nominee being the recruiting agency were at fault in not correctly scrutinizing the document being OBC certificate, and now the petitioner, in fact, after completion of her probationary services has been confirmed in her services, and the petitioner today is 28 years of age and allegedly is over age for appointment to a post under the respondent no. 1.

4. The counter issue and argument raised on behalf of the respondent no. 1 is that a person who has obtained employment by fraud, even though there may be lack of application by some employees of the respondent no.1, should not result in a person who is not entitled to seek appointment to continue in appointment, more so, because it will amount to perpetuating fraud. It is argued that there cannot be estoppel against the respondent no. 1 or equities in favor of the respondent no. 1 as the petitioner knew all along that she had wrongly got the employment and that she knew that she did not fall under the requisite OBC category for getting the employment with the respondent no. 1.

5. As per the subject advertisement it was specifically prescribed that in case information furnished by a candidate is found to be defective or the candidate is found to be deliberately suppressing information, then, the candidature of the candidate will be rejected when it comes to the notic