ORDER

By Hon’ble Mr. Anand Mathur, Member (A):

The applicant has filed the instant Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:-

“(a) Direct the respondents to consider the Applicant as an OBC Non-Creamy Layer Candidate in respect of UPSC Civil Services Examination 2022 and allocate service accordingly.

(b) Any other order that this Hon’ble Tribunal may deem fit and proper in the facts of the case.”

2. Brief facts of the case as mentioned by the applicant in the OA and argued by learned counsel for the applicant, are as under:-

2.1 The applicant, who belongs to OBC (Non Creamy Layer), filled a Detailed Application Form-I for appearing in CSE (Preliminary) Examination, 2022 enclosing therewith requisite documents including OBC (NCL) Certificate. After clearing the aforesaid examination, the applicant filled a Detailed Application Form-II for appearing in CSE (Main) Examination, 2022, wherein he secured 584th rank. His name finds mention in the list of candidates recommended by the UPSC for appointment under the OBC category (Annexure A-3).

2.2 Despite aforesaid recommendation, the applicant has not been allocated any Service i.e., IAS, IFS, IPS, CCS-Group-A and Group-B Service on the basis of his rank secured in CSE-2022 while issuing first two lists meant for allocation of Services to the recommended candidates. Aggrieved, the applicant sent an email dated 23.07.2023 to the respondents to ascertain the reason as to why he has not been allocated any Service but the same had not been responded to till the date of filing of the instant OA. However, during the pendency of the OA, the respondents have issued a communication dated

23.10.2023, which reads as under:- “I am directed to refer to your email/representation dated 23.07.2023 relating to your claim for OBC (NCL) in the Civil Services Examination-2022. Your representation has duly been examined in this Department in light of the provisions contained in this Department’s OM No.36012/22/93-Estt.(SCT) dated 08.09.1993 & subsequent instructions issued from time to time and the same has been found to be not feasible for consideration.”

2.3 The applicant has not been allocated any Service due to employment of his father, who was appointed as Lecturer (Non-Gazetted) (Class-III) in Haryana Education Service. Subsequently, on 30.03.2009, his father was appointed as Principal as an OBC candidate in Government Senior Secondary School, Directorate of Education, Govt. of NCT of Delhi on temporary basis in pay scale of Rs.10,000-15,200. He was further promoted to the post of Deputy Director of Education (Ex-cadre) on 01.08.2022 at the age of 43 years.

2.4 Determination of creamy layer in reservation for OBC candidates is governed by DoP&T OM dated 08.09.1993 which provides as under:-

“27% of the vacancies in civil posts and services under the Government of India to be filled through direct recruitment shall be reserved for the Other Backward Classes.

xxx xxx xxx (i) The aforesaid reservation shall not apply to persons/sections mentioned in column 3 of the Schedule to the Office Memorandum.”

The aforesaid OM also provides for exclusion of socially advanced persons/sections from the benefits of reservation for OBC, which reads as under:-

II Service Category A. Group A/Class I officers of the All India Central and State Services (Direct Recruits).

Son(s) and daughter(s) of (a) Parents, both of whom are class-I officers;

(b) Parents, either of whom is a Class-I officer.

2.5 However, DoP&T vide its OM dated 14.10.2004 issued on the question ‘Clarifications regarding creamy layer amongst OBC’ against para 4(v) i.e. “ will sons and daughters, parents of whom husband is directly recruited Class-III/Class-C or Class-IV/D employee and gets into Class-I/Group-A at the age of 40 or earlier be treated to be falling in creamy lay