Central Administrative Tribunal - Chandigarh
Coram:Hon Ble Mrs.Rajwant Sandhu vs Union Territory on 4 March, 2014
CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH OA. 531/CH/2013 (Reserved on 14.2.2014) Chandigarh, this the 04th day of March, 2014 CORAM:HONBLE MRS.RAJWANT SANDHU,MEMBER(A) HONBLE DR. BRAHM A.AGRAWAL,MEMBER(J) Durgesh Sharma, aged 24 years, son of Sh. Shambhu Dayal Sharma, resident of House No. 110, I.D.S.M.T. Colony, Ajmer Road, Pushkar, District-Ajmer, Rajasthan. .Applicant BY ADVOCATE: MR. DAVINDER LUBANA VERSUS 1.Union Territory , Chandigarh Administration through its Secretary, Medical Education and Research, UT Secretariat, Sector 9, Chandigarh. 2.Government Medical College and Hospital, Sector 32, Chandigarh, through its Director Principal. ..Respondents BY ADVOCATE: MR. VIVEK ARORA ORDER
HONBLE MRS. RAJWANT SANDHU, MEMBER(A):-
1. This OA has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:-
Direct the respondents to issue appointment letter to the applicant under OBC Category with all consequential benefits.
2. The brief facts of the matter are that the Director Principal, Government Medical College and Hospital, Chandigarh, published an advertisement for filling 449 posts of Staff Nurses of which 82 posts were reserved for the OBC Category. The applicant who had completed his B.Sc. (Nursing) in 2011 and was registered as Nurse and midwife with Rajasthan Nursing Council, Jaipur, applied for selection under OBC Category as he belongs to Jangid/Khati caste which is shown at Sr. No. 6 of the OBC Category list of the State of Rajasthan.
3. Averment has been made in the OA that the Central Government had recognized the caste Khati under the OBC Category at Sr. No. 29 and this Caste also finds mention at Sr. No. 41 (Notifications at Annexures A-8 & A-11 respectively). The applicant successfully cleared the written test and was called for interview on 24.8.2012 under OBC category. However, when the merit list was issued for Staff Nurse under the OBC category, applicant did not find his name in the list (Annexure A-4). On inquiry from the office of respondent No. 2, the applicant was advised that the caste of he applicant i.e. Jangid/Khati had not been recognized by the Chandigarh Administration. The applicant then filed representation as well as legal notice in this regard, but the same had not been responded to (Annexures A-15 to A-18). Hence this OA.
4. In the grounds for relief, it is stated that the applicant is fully eligible for the post of Staff Nurse advertised by the respondents under the OBC Category. The caste of the applicant i.e. Khati was duly recognized by the Chandigarh Administration and Government of India. Besides the Chandigarh Administration had issued OBC Certificates for the candidates belonging to the caste of Khati under the notification of Chandigarh Administration and hence, the applicant was also entitled to be considered under the OBC category for selection as Staff Nurse.
5. In the written statement filed on behalf of the respondents, it has been stated that at the time of submission of the application against the OBC post, he had submitted OBC Certificate for Jangid issued vide registration No. 241 dated 25.6.2012 (Annexure R-VI). The applicant had projected his claim on the basis of Annexure A-8 which is OBC Certificate dated 23.10.2012 bearing caste Khati which was submitted after the selection proceedings were over. Material facts had been deliberately not been disclosed in the original application. It is stated that the applicant was not given the benefit of OBC and was considered in General Category at Sr. No. 1067 of the Combined Merit List, as the caste of the applicant (Jangid) does not fall in UT (Chandigarh) OBC list & Central OBC List meant for UT Chandigarh. As per letter issued by the Joint Secretary Personnel, Chandigarh Administration vide No. 27/4/94-IH(7)-2003/23827 dated 23.12.2003 (Annexure R-I), the benefit of reservation to OBC category would be extended on the pattern of the Central Government, wherein the OBC would have to be included in the Central List and the Union Territory Chandigarh List. It was also decided in the meeting held on 21.11.2012 (Annexure R-IV) with the representative of Social Welfare, UT Chandigarh that only those OBC candidates are to be given benefit of reservation under OBC category, whose caste is specifically mentioned in OBC list of UT, Chandigarh and Central List of OBC meant for UT Chandigarh. He has further clarified that the OBC certificates must have been issued by the concerned Sub Divisional Magistrate/Tehsildar/Naib Tehsildar. He further conveyed that the caste strictly as per spelling mentioned in both UT and Central List are to be given the benefit of reservation under OBC category, while making the appointments in UT, Chandigarh including GMCH-32 and GMCH-16 Chandigarh. Only the caste as mentioned in the UT and Central List of OBC meant for UT, Chandigarh is to be considered. Synonymous and sub castes of the caste mentioned in the UT and Central List of OBC meant for UT Chandigarh are not to be considered. The applicant was not given the benefit of OBC and considered in General Category at Sr. No. 1077 of the Combined Merit List, as the caste of the applicant (Jangid) does not fall in both UT (Chandigarh) OBC List and Central OBC List meant for UT, Chandigarh.
6. Arguments advanced by the learned counsel for the parties were heard. Learned counsel for the applicant drew attention to entry at Sr. No. 29 in the Gazette of India published on 12.12.1997 regarding the Central List of OBCs wherein the caste ????? is mentioned. Further, in the Notification dated 27.6.1995 published in the Chandigarh Administration Gazette, declaring the listed castes as Other Backward Classes in the UT of Chandigarh for the purpose of reservation in the vacancies of Civil Posts at Sr. No. 41, the entry is Khati. Learned counsel further stated that the list of OBCs in Rajasthan had been appended at Annexure A-9 and at Sr. No. 6, the caste Khati was included and the applicant had obtained his OBC Certificate from Tehsildar, Pushkar, Ajmer dated 23.10.2012 (Annexure A-8) which certified to his being Khati (OBC). Since the applicants caste was Khati as per the Certificate issued by Tehsildar, Ajmer and this caste was listed as OBC in the Central List as well as the list of the Chandigarh Administration, the applicant was entitled to be treated as OBC and hence, the respondents should have considered him for selection as Staff Nurse in the OBC category.
7. Learned counsel for the respondents asserted that at the time of submission of his application, the applicant has submitted OBC Certificate bearing caste Jangid issued vide registration No. 241 dated 25.6.2012 (Annexure R-VI), but later, brought his claim on the basis of Annexure A-8 which is the OBC Certificate dated 23.10.2012 bearing Caste Khati which was submitted after he selection proceedings were over. Hence, the same could not be taken into consideration.
8. We have given our thoughtful consideration to the matter and perused the material on record. It is seen that in the list of OBC Caste pertaining to Rajasthan, the Badai, Jangid, Khati, Suthar, Tarkhan are shown together at Sr. No. 6. Hence, even if the applicant initially submitted the Certificate regarding Jangid caste, but his later submission of OBC Certificate regarding belonging to Khati caste cannot be ignored. Since the applicant was from another State, he perhaps did not realize that the OBC Certificate required, would be as per the listing of the Caste in the Chandigarh List. There is little doubt that Khati is listed as an OBC caste in the Central List, the Chandigarh List as well as the Rajasthan List. The applicant had at the time of filing his application, submitted his OBC Certificate mentioning Jangid caste and since he has subsequently submitted the OBC Certificate with Khati caste, the same has to be accepted as evidence of his belonging to OBC and also fulfilling the criteria that the listed caste must be included in the Central and UT Chandigarh List.
9. In view of the above discussion, this OA is allowed. The applicant may be treated as eligible under the OBC category and his selection for the post of Staff Nurse may be considered accordingly. Action in this regard may be completed by the respondents within one month of a certified copy of this order being served upon the respondents. No costs.
(RAJWANT SANDHU)
MEMBER(A)
(DR. BRAHM A.AGRAWAL)
MEMBER(J)
Dated: March 04th , 2014.
ND*