Delayed submission of OBC certificate shall not disentitle a candidate from consideration for employment under the OBC category, emphasizing the purpose of the certificate and the objective of reservations for the reserved categories.

JUDGMENT :

Tushar Rao Gedela, J.

1. In the present case, Petitioner is assailing the impugned order dated 16.05.2019 in O.A. No. 2426/2013 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the ‘Tribunal’) whereby her O.A. was dismissed.

2. Facts, in brief, in the present case are, that the Respondent herein issued Notification on 14.07.2012, inviting applications for selection of candidates to the post of Data Entry Operators (in short, “DEO”). Reservation was provided in favour of OBC candidates. The selection process consisted of a written examination and a skill test. The Petitioner while submitting her application claimed the status of OBC for the purpose of reservation. It is stated that a Certificate dated 08.06.2009 was also submitted supporting her stand that she belongs to the OBC category. It is not disputed that the Petitioner had successfully cleared the written test and had also undergone skill test / typing test. The objections raised by the Respondent with respect to the OBC Certificate was, that it is only such certificate, which is obtained within three years preceding the last date/cut-off date as per the Notification which would be valid. Since the OBC certificate was a few months prior to the cut-off date, which was 01.08.2012, the Petitioner was held to be disentitled from being considered under the OBC category.

3. There is no dispute that the Petitioner had cleared the written test and had obtained 150.5 marks in the written test, the cut-off marks for an OBC candidate in Delhi being 150. It is also not disputed that the Petitioner had applied under the OBC category. Having cleared the written test, the Petitioner was asked to appear for the Data Entry Speed Test and Typing Test on the computer for the post of DEO vide letter dated 11.02.2013 issued by the Respondent for 03.03.2013.

4. Mr. Anil Singal, learned counsel appearing on behalf of the Petitioner would submit that the Petitioner had applied for the post of DEO under OBC category and had stated so in her application though she had not submitted the certificate along with the application. Subsequently, after having successfully cleared the written test, the Petitioner appeared for the Data Entry Speed Test and Typing Test on the computer on 17.03.2013. At the time of appearing for the Speed Test/Typing Test, the Petitioner had attempted to submit an OBC Certificate dated 17.12.2012 in terms of Clause (iii) of the Call Letter dated 11.02.2013 issued by the Respondent. Clause 1 (a)(iii) is extracted below :

“You should furnish the relevant OBC certificate in the format prescribed for Central Government jobs, as per Annexure VII of the notice, issued by the Competent Authority at the time of Skill Test. The certificate must be dated on or before the date of skill test”

5. He further submits that though the Petitioner had carried the OBC Certificate dated 17.12.2002 on the date of skill test, i.e. 17.03.2013, the Respondents refused to accept the same. The name of the Petitioner did not figure in the final list of the successful candidates.

6. Aggrieved by this, the Petitioner approached the Tribunal vide O.A. No. 2426/2013 seeking to quash and set aside the final result dated 22.05.2013 as well as a direction to the Respondent to consider the application under OBC category and recommend her name for the post of Data Entry Operator with all consequential benefits including seniority and arrears of pay from the date her junior in merit was so appointed.

7. The Tribunal did not agree with the contentions raised by the Petitioner on the basis that the Notification for employment dated 14.07.2012 clearly mandated that certificate preceding three years from the cut-off date as per Notification alone would be accepted. The Tribunal also observed that though the Petitioner herein claimed that she submitted a Certificate dated 17.12.2012 but the same does not find mention anywhere in the Original Application filed