An applicant's failure to provide valid documentation as per statutory requirements can lead to rejection of OBC category claims in government employment.

ORDER (ORAL)

Hon’ble Mr. Manish Garg, Member (J)

In the instant O.A. the applicant has prayed for the following reliefs:-

“8. I. Allow the present Original Application; and

II. Quash the impugned Notice dated 10.06.2021. bearing No. F. NO. 236/Result/Asstt. Teacher (Nursery)/lnt. Cell/DSSSB/2019-2020 / 1581-90 as well as the Order dated 30.09.2021 whereby the candidature for the post of Assistant Teacher (Nursery) against OBC category was rejected; and

III. To the direct the Respondent to take time bound steps to consider the candidature of the applicant for the post of Assistant Teacher (Nursery) against OBC category; and

IV. Pass such other order or orders as are deemed fit and proper in the facts and circumstances of the case.”

2. Highlighting the facts of the present case, learned counsel for the applicant draws attention to impugned order dated 30.09.2021 passed by the respondents. He highlights para 5 and 6 of the said order, which reads as under:-

“5. Further when the merit in each category became lower, she was given 10 days 1st opportunity w.e.f. 25.05.2021 to 03.06.2021 to upload 'OBC (Deihl) certificate vicle which her caste is recognized as backward class under Govt. of Delhi vide Notice No. F. No. 236/Result/Asstt. Teacher (Nursery)/lnt. Cell/DSSSB/2019-20/1495-1503 dated 17/05/2021. The candidate was also informed through SMS as an additional facility to upload the deficient documents in the e-dossier on her mobile no. 9910662876 registered with OARS module of DSSSB.

6. That even after giving 10 days 1st opportunity w. e.f. 25.05.2021 to 03.06.2021 it was found that Ms. Vandana failed to upload OBC (Delhi) certificate in the e-dossier. Accordingly, she was given 05 days, 2nd and final opportunity w.e.f. 15.06.2021 to 19.06.2021 10 recognized as backward class under Govt. of Delhi vide Notice No. F. No. 236/Result/Asstt. Teacher (Nursery)/lnt Cell/DSSSB/2019-20/1581-90 dated 10/06/2021.”

2.1. He draws attention that the applicant has applied for a new certificate, which was issued on 19.06.2021. The said certificate reads as under:-

“This is to certify that VANDANA D/o MOHAN LAL R/o 615/9, Z-BLOCK, ROAD NO-5, SHYAM VIHAR PHASE-1 NAJAFGARH DELHI 110043 INDIA belongs to the KAHAR community which is recognised as Other Backward Class under the Government of NCT of Delhi notified vide Notification No. F.28(93)/91- 92/SCST/P&S/ 4384 dated 1995-01-20 published in the Gazette of Delhi Extraordinary Part-IV.

VANDANA and her family ordinarily resides at 615/9, Z-BLOCK, ROAD NO-5, SHYAM VIHAR PHASE-1 NAJAFGARH DELHI 110043 INDIA

This is also to certify that she does not belong to the person/sections (Creamy layer) mentioned in column 3 of the Schedule to the Govt. of India Department of Personnel & Training OM. No. 36012/22/93-Est (SCT). 36033/3/2004-Estt.(Res), 36033/1/2013-Estt. (Res) dated 8/91993, 9/03/2004 & 14/10/2008 and 27/5/2013 respectively,”

And therefore draws a distinction between the decision rendered in W. P. No. 373/2024 titled as Govt. of NCT of Delhi and Ors. Vs. Nisha and W.P. No. 10587/2024 titled as Govt. of NCT of Delhi and ANR. Vs. Jyoti decided on 01.07.2025 by the Hon’ble High Court of Delhi.

2.3. He submits that the said certificate was obtained, immediately a representation was made. The impugned order has passed, ignoring the certificate issued on 19.06.2021, which has to be taken into consideration while passing the impugned order.

3. Opposing the grant of relief, learned counsel appearing on behalf of the respondents would rely upon the averments contained the counter affidavit. She justify the action taken by the respondents in disposing of the representation of the applicant. She further highlights t