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DELHI HIGH COURT
NAJMI WAZIRI, SWARANA KANTA SHARMA
Govt. of NCT of Delhi – Appellant
Versus
Anjana – Respondent
| Table of Content |
|---|
| 1. status of the respondent's obc application. (Para 1 , 2) |
| 2. issuance of multiple obc certificates. (Para 3 , 4 , 5) |
| 3. validity of obc classification. (Para 6) |
| 4. order for appointment and disposal. (Para 7 , 8) |
JUDGMENT
Najmi Waziri, J. (Oral)
The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. The petitioner impugns the order of the learned Central Administrative Tribunal ("CAT") dated 28.03.2019 in O.A. No.2986/2016, which while allowing the respondent's O.A. has directed the GNCTD to, within a period of two months from the date of receipt of a copy of the order, take further steps apropos issuance of order of appointment, treating the present respondent as an OBC candidate, in accordance with the position of merit obtained by her in the written test.
2. Three years have gone-by since the passage of the said order. No corollary relief has been received by the respondent. She had applied for appointment to the post of Assistant Teacher (Nursery), (Post Code 3/13). She claimed OBC status. Examinations were held. Results were declared. She came in the merit list. However, her result was cancelled on 26.02.2016 as it was found tha
The legitimacy of OBC status is affirmed based on valid certification regardless of the origin of the certificate, and timely administrative action is mandated for appointment.
The main legal point established in the judgment is that OBC candidates with a certificate issued from outside Delhi will be considered for the unreserved category only, if eligible otherwise.
An applicant's failure to provide valid documentation as per statutory requirements can lead to rejection of OBC category claims in government employment.
Post-cut-off OBC certificate affirming pre-existing status, obtained per board directions, validates candidature despite cut-off rule.
OBC status exists by birth; post-cut-off caste certificate merely affirms pre-existing fact and cannot disqualify eligible candidate for reservation benefits, particularly lifelong residents.
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