The main legal point established in the judgment is the unjustified rejection of the petitioner's OBC certificate and the unreasonable stand adopted by the respondent, leading to the denial of a job opportunity to the meritorious candidate.

1. The candidature of the petitioner, who stood first in the merit list, in the selection, for the post of Management Trainee (Technical) in the Central Warehousing Corporation (hereinafter referred to as “CWC” – Respondent No. 2 herein), was cancelled vide order dated 30th September, 2015, which read thus :

“...Sir, please refer to your grievance petitioner forwarded by Ministry vide reference cited above. In this regard, it is to inform that the Caste Certificate submitted by you was issued by Nayab Tehsildar whereas as per DOPT letter No.36012/22/93-Estt(SCT) dated 15.11.1993 officer authorised to issue Caste Certificate of OBC should not be below the rank of Tehsildar. Your submission that Nayab Tehsildar has been authorized to issue Caste Certificate is wrong as Haryana Govt. authorised Nayab Tehsildar – cum – Executive Magistrate. Whereas the Caste Certificate submitted by you has stamp of only Nayab Tehsildar and not Nayab Tehsildar cum Executive Magistrate. In view of the above, it is not possible to consider your request. Yours faithfully, (Amit Goel) Asstt. Gen. Manager (Estt./IL)”

(Emphasis supplied)

2. The petitioner, in this writ petition, seeks quashing of the said order and, consequently his appointment as Management Trainee (Technical), with effect from the date when others selected in the same selection, were so appointed.

3. The facts are brief.

4. The petitioner applied, for the post of Management Trainee (Technical), in response to the advertisement circulated by the CWC in the Employment News edition for the week 8th – 14th November, 2014 under the “Other Backward Classes” (OBC) category. He contends that all requisite documents were submitted by him. He appeared for written test and interview. Prior to the interview, the petitioner was directed to produce all his original certificates, including his OBC certificate, for verification, which he did. His name, however, did not figure in the list of selected candidates, which was issued on 21st April, 2015.

5. In response to a query, under the Right to Information Act, 2005, the petitioner was informed, by the CWC, that, despite his having stood first in the merit list for appointment, his candidature was not considered, as the OBC certificate, dated 7th March, 2014, furnished by him, was not found to be in order, not having been issued by the officer authorized to issue such certificates. The communication, dated 5th August, 2015, from Respondent No. 2 to the petitioner, informing him of the said fact, read thus :

“CENTRAL WAREHOUSING CORPORATION (A GOVT. OF INDIA UNDERTAKING)

No. CWC/II-RTI Act/PR-2396/15-16 Dated : 05.08.2015

To,

Shri Dinesh Kumar

S/o Shri Sumer Singh,

VPO – Nahar,

Tehsil – Kosli,

Dist – Rewari – 123303

Subject: - Information under RTI Act, 2005.

Sir,

Please refer to your RTI application dated 21.07.2015 on the subject cited above. In this connection, it is to inform that Shri Dinesh Kumar bearing roll No.721021070 was first in the merit list of the MT (Tech.). His candidature was not considered by the committee who has drawn the panel since his certificate was not found in order as the Caste Certificate has been issued by the Nayab Tehsildar who is not authorized officer to issue such certificate which was required as per advertisement.

Yours faithfully

(A.K. Sharma)

General Manager (Pers)/

Central Public Information Officer”

6. Respondent No. 2 seeks to defend its decision to reject the OBC certificate, produced by the petitioner, on the basis of an Office Memorandum, dated 15th November, 1993, issued by the Department of Personnel & Training (“DoPT”). The said OM relied, in turn, on an earlier OM, dated 22nd October, 1993, which stipulated the authorities from whom certificate was to be procured for verification of Caste and Communities, which included “Revenue Officer not below the rank of Tehsildar”.

7. It may be noted, in this regard, that the advertisement, inviting applications, for the post of Management Trainee (Technical), as issued by Respo