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.

ORDER

Hon’ble Dr. Sumeet Jerath, Member (A)

The instant OA has been filed by the applicant, Ms. Kritima Yadav under Section 19 of the CAT Act, 1985 seeking the following reliefs :-

"8 (i) To quash and set aside the Result Notice No.775 dated 9.5.2019 in respect of applicant only whereby the candidature of applicant to the post of Teacher (Primary) in Municipal Corporations of Delhi (MCD) under Post Code- 16/17 & 1/18 has been rejected and to further direct the respondents that applicant be given appointment to the post of Teacher (Primary) (Post Code- 16/17 & 1/18) in MCD by treating the applicant as a candidate of 'OBC' Delhi with all consequential benefits including seniority & promotion and pay & allowances.

Or/and

Any other relief which this Hon'ble court deems fit and proper may also be awarded to the applicant.

9. Interim Relief :-

That one post of Teacher (Primary) in Municipal Corporations of Delhi (MCD) under Post Code-16/17 & 1/18 under OBC Category be kept vacant till the pendency of present O.A.

Or/and

Any other relief which this Hon'ble court deems fit and proper may also be awarded to the applicant. "

2. The conspectus of the case as per the counsel of the applicant is that an advertisement No. 02/2017 was issued by the DSSSB for 4366 posts of Teacher (Primary) in MCD having Post Code 16/17 (UR-1610, OBC-1286, SC-714, ST-756 including PH-VH-288) and thereafter in supersession of the aforesaid, a fresh 4366 vacancies were again advertised increasing the quota of PH-VH from 288 to 381 and added 93 vacancies of PH-OH quota under Post Code 01/18. Being eligible, the applicant applied for the said post of Teacher (Primary) under OBC category. She appeared in the written examination and got 121.26 marks, which is more than the cut off marks of 98.00 prescribed for OBC category. Being shortlisted, she was asked to upload her e-dossier for completion of further selection process. She uploaded all the requisite educational certificate including the OBC Certificate issued by U.P. Government vide certificate No. 650531201239 dated 18/09/2012. However, she could not find place in the result No. 773 dated 28.03.219 and her result was showing pending for want of Caste Certificate. It was further stated therein that the candidates were further given an opportunity to upload their e- dossier and the applicant uploaded her OBC Certificate No. 90500000524559 issued by Revenue Department, GNCTD, Delhi ostensibly on 01.04.21019 which was after the cut off / closing date of 03.07.2018. Even then she was not considered for appointment and being aggrieved, she has filed the instant OA.

3. The learned counsel of the applicant argued that the applicant uploaded the OBC Caste Certificate No.90500000524559 dated 10.04.2019 issued by the Competent Authority. The present caste certificate establishes that the applicant is OBC (Delhi) not OBC(Migrant)/OBC(Outsider) because once the applicant is resident of Delhi and has done her entire schooling from Delhi, then she is an OBC of Delhi. The applicant being a young candidate earlier uploaded the caste certificate of UP (issued on the basis of ancestral living of her family from her forefather’s ancestral home) under the impression that the same is issued by considering her as OBC of Central list. However, as per her educational and residential status, she is an OBC of Delhi as caste of applicant is notified as OBC in Delhi ‘OBC’ list. Later, vide result notice No. 775 dated 09.05.2019, the candidature of the applicant was rejected on the ground that she has not been considered as OBC (Delhi) being OBC (Migrant)/OBC (Outsider). Aggrieved, she preferred a representation dated 14.05.2019 raising various pleas and re