Central Administrative Tribunal - Delhi
Sandeep Sirohi vs Govt. Of Nctd on 28 August, 2019
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
OA No. 4075/2017
Reserved on: 26.08.2019
Pronounced on: 28.08.2019
Hon'ble Mr.S.N.Terdal, Member (J)
Hon'ble Mr. A.K.Bishnoi, Member (A)
Sandeep Sirohi, Aged about 27 Yrs.
S/o Sh. Neer Pal Singh,
R/o H.No. 392, Block-B-5,
Sector-3, Rohini, Delhi-110085. ... Applicant
(By Advocate: Mr. S.N. Sharmar )
VERSUS
GNCTD through its
1. Chief Secretary/Secretary,
Delhi Secretariat, I.P. Estate,
New Delhi-110002.
2. The Chairman,
DSSSB, FC-18, Institutional Area,
Karkardooma, Delhi-92
3. The Director Education,
Directorate of Education,
Old Sectt. Delhi-110054 ... Respondents
(By Advocate: Ms. Esha Mazumdar for R-1 & 3 and
Mr. Anuj Kr Sharma for R-2)
ORDER
Hon'ble Mr. S.N.Terdal, Member (J):
We have heard Mr. S.N.Sharma, counsel for applicant and Ms. Esha Mazumdar and Mr. Anuj Kumar Sharma, counsel for respondents, perused the pleadings and all the documents produced by both the parties.
2. In this OA, the applicant has prayed for the following reliefs:
"(a) quash the impugned rejection Notice No.209 for the Post Code 192/14 TGT (Computer Science) vide No. (82)/ Rectt/TGT Computer Science/Int. Cell Cell/DSSSB/2016-17/266 vide dt.10.11.2017.2 OA 4075/2017
(b) direct the respondents to appoint the applicant on the post of TGT-Computer Science as per the merit list with all consequential benefits.
(c) Pass any other order or orders as deemed fit and proper in the facts and circumstances of the case may also be passed in favour of the applicant."
3. The relevant facts of the case are that in response to the advertisement No. 01/14 issued by the Delhi Subordinate Services Selection Board (DSSSB), the applicant applied for the post of TGT (Computer Science) post code -192/14 under OBC category. He secured 97.25 marks and he was short listed under OBC category and he uploaded his e-dossier. On scrutiny of his documents, it was found by the respondents that the OBC certificate uploaded by the applicant was issued to him on the basis of the OBC certificate issued to his father Mr. Neer Pal, who was the resident of Vill Bhiravati, Tehsil, Syana, UP. The said OBC certificate is produced as Annexure A-6. As per the stand taken by the respondents, the said OBC certificate was not as per the terms and conditions, as such he was declared as OBC (outsider) and his candidature was rejected on the ground that he was OBC (outsider) by the impugned rejection notice dated 10.11.2017. The counsel for the applicant vehemently and strenuously submitted that his father was permanent resident of Delhi and as on 2006 the OBC certificate issued to his father clearly stated that the father of the applicant is having OBC certificate of Delhi and he was permanent resident of Delhi and he further submitted that he filed a representation in October, 2017 attaching a new OBC certificate issued to him in October, 2017 by the competent authority stating therein that the father of the applicant was belonging to OBC category of Delhi and he was permanent resident of Delhi. He further 3 OA 4075/2017 submitted that this Tribunal vide order dated 20.12.2017 permitted the applicant to make one more representation and directed the respondents to consider his representation. On the basis of the above facts, the counsel for the applicant submits that the rejection notice be set aside and the respondents be directed to consider the applicant as belonging to OBC (Delhi) category.
4. The counsel for the respondents equally vehemently and strenuously contended that in the OBC certificate uploaded by the applicant initially in response to notice dated 27.07.2017 (Annexure A-10), it was clearly stated that the said OBC certificate is based on the OBC certificate issued to the father of the applicant who was considered OBC in UP and his permanent address was shown at UP. As per the terms and conditions issued by the Delhi Government on 28.07.2016 with respect to the reservation to the OBC in the jobs under the Government of NCT of Delhi, the applicant does not fulfil the said terms and conditions. The said terms and conditions are produced as Annexure A-13 by the applicant. The same is extracted below:-
"Sub: Reservation for OBCs in the jobs under the Government of NCT of Delhi-reg.
Sir/Madam, In continuation with this department's circular dated 27.07.2007 on the subject cited above (copy enclosed) I am directed to inform that Govt. of NCT of Delhi has decided to accept the following two types of certificates as valid certificates for grant of benefit of reservation to OBCs in civil posts under Govt. of N.C.T. of Delhi:-
1) OBC certificate (Delhi) issued by the Revenue Department of GNCT of Delhi, on the basis of any old certificate issued to any member of individual's family from GNCT of Delhi.4 OA 4075/2017
2) OBC certificate issued by a Competent Authority outside Delhi to a person belonging to a community duly notified as OBC by GNCT of Delhi. This certificate should have mandatorily been issued on the basis of OBC certificate issued by Govt. of NCT of Delhi to any family member of the concerned person who had been residing in Delhi before 08.09.1993.
This issues with the approval of the Competent Authority."
The counsel for the respondents further submitted that as per the direction issued by this Tribunal vide order dated 20.12.2017, they have considered and passed a detailed order dated 12.04.2018. They have repeated the stand taken by them in the counter affidavit. The further contention of the respondents is that the applicant having not submitted the OBC certificate of Delhi as per the guidance extracted above before the cut off date, he cannot be permitted to submit the same after the cut off date and permitting him to submit the same after the cut off date would amount to discrimination in respect of others who are similarly situated and render the entire process undertaken by the DSSSB open ended. In support of his contention, the counsel for the respondents referred to the order passed by the Hon'ble High Court of Delhi in the case of Pushpendra Singh Parnami Vs. DSSSB and Anr. W.P (C) 2892/2019 dated 25.03.2019. The relevant portions of the order are extracted below:
".. The petitioner, who is a scheduled caste candidate, participated in the written examination held by the Delhi Subordinate Services Selection Board (DSSSB) for the post of PGT(History). He was declared successful in the result, which was displayed on the website of the DSSSB. The petitioner, however, did not respond to the said notification and did not upload his e-dossiers within the permitted time. He claims that he became aware of the result only in January, 2019 when he sought to upload his e-dossiers, which was not 5 OA 4075/2017 accepted, since the last date for doing the same was already over on 16.09.2018.
The submission of the petitioner is that he belongs to a very remote area in the State of Rajasthan and due to lack of internet connectivity and his illness he could not learn about the result declared by the DSSSB on its website. We are unable to accept this submission. The petitioner while applying for the post of PGT (History) was well aware that the result of the written examination would be uploaded by the DSSSB on its website and it was for the petitioner to track the same and to respond in terms of the advertisement issued by the respondent.
Having missed the bus, he cannot be permitted to submit his documents/e-dossiers after the cut-off date. If such relaxation were to be granted to one candidate, it would be discriminatory in respect of others, who may have similarly missed the bus and this would render the entire process undertaken by the DSSSB as open ended.
In view of the aforesaid, we find no merit in the present petition and the same is dismissed."
5. In view of the facts and circumstances and in view of the order passed by the Hon'ble High Court of Delhi extracted above, we are of the view that there is no merit in the submissions made by the counsel for the applicant.
6. Accordingly, the OA is dismissed. No order as to costs.
(A.K.Bishnoi) (S.N.Terdal) Member (A) Member (J) 'sk' .. .