Central Administrative Tribunal - Delhi
Kishan Das vs Staff Selection Commission on 22 May, 2023
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O.A. No. 1233/2017 & OA No 1258/2017
Item No. 35 (C-4)
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A. No. 1233/2017
M.A. No. 1338/2017 &
O.A. No. 1258/2017,
M.A No. 1382/2017
This the 22nd Day of May, 2023
Hon'ble Mr. Tarun Shridhar, Member (A)
Hon'ble Mrs. Pratima K. Gupta, Member (J)
1. Sudhir Kumar
S/o Sh. Dalip Kumar
R/o H. No. 67, VPO Landhari,
Teh & Dist. Hisar, Haryana-125047
Aged about 24 years
2. Narender Yadav
S/o Sh. Karan Singh
R/o VPO Jamalpur, Teh. Bawani Khera,
Dist. Bhiwani, Haryana - 127035
Aged about 27 years
3. Survesh Kumar
S/o Sh. Om Prakash
R/o Vill.- Khairana, PO Bewal,
Mahendergarh, Haryana
Aged about 23 years
4. Krishan Kumar
S/o Sh. Mahabir Singh
R/o H. No. - 43, Village-Hussainka,
PO-Sherpur, Teh. Pataudi,
Dist.-Gurgaon, Haryana-122502
Aged about 25 years
5. Jayprakash Agarwal
S/o Sh. Vijay Prasad
R/o Village+Post+Thana - Gurua,
Dist. - Gaya, Bihar-824205
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O.A. No. 1233/2017 & OA No 1258/2017
Item No. 35 (C-4)
Aged about 22 years
6. Saurabh Kumar
Slo Sh. Upendra Narayan
R/o Manpur Shiv Charan Lane,
PO+ PS Buniyadganj, Dist-Gaya, Bihar-823003
Aged about 25 years
7. Rohit Khandelwal
S/o Sh. Chattar Singh
R/o 538/6, Line Par Hari Nagar Colony,
Bahadurgarh, Haryana
Aged about 23 years
8. Priyanka Kumari
Dlo Sh. Amar Singh
R/o VPO Bhaisawata Khurd, Teh.-Buhana,
Dist.- Jhunjhunu, Rajasthan-333516
Aged about 23 years
9 Abhinandan Kumar
S/o Sh. Ram Prasad Singh
R/o Adarsh Nagar, Barihat,
Purnea, Bihar-854301
Aged about 27 years
10. Mahendra Singh
S/o Sh. Het Ram Sarawag
R/o VPO - Pandreu Tibba, Teh.-Taranagar,
Dist.-Churu, Rajasthan - 331304
Aged about 25 years
11. Harish Kumar
S/o Sh. Mahaveer Singh
R/o VPO-pandreu Tibba, Teh.-Taranagar,
Dist.-Churu, Rajasthan-331304
Aged about 23 years
12. Om Prakash Dudi
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O.A. No. 1233/2017 & OA No 1258/2017
Item No. 35 (C-4)
S/o Sh. Bhura Ram Dudi
R/o 153 - Dudio Ki Dhani,
AT & PO-Padasala, Tehsil - Osian,
Dist. Jodhpur, Rajasthan - 342303
Aged about 28 years
13. Amit Kumar
S/o Sh. Krishan Kumar
R/o VPO-Shimla, Teh.-Khetri,
Dist.-Jhunjhunu, Rajasthan-332746
Aged about 22 years
14. Yogesh Choudhary
S/o Sh. Subhash Choudhary
R/o H. No. 103, VPO Nathupur, DLF-|I,
Gurgaon, Haryana-122002
Aged about 23 years
15. Jatin Saini
S/o Sh. Jyoti Parkash Saini
R/o 29/13 Hanuman Colony,
Sukhpura Chowk, Rohtak,
Haryana - 124001
Aged about 24 years
16. Kapil
S/o Sh. Ashok Kumar
R/o Vill. Malara Bass, PO-Lawan,
Dist. - M. Garh, Haryana-123029
Aged about 28 years
17. Satish Gupta
S/o Sh. Jai Prakash Gupta
R/o Gram-Pathrol, Pathraul,
Deoghar, Jharkhand-815353
Aged about 27 years
18. Rahul Swami
S/o Sh. Krishan Kumar
R/o VPO-Khudana, Dist.-Mahendergarh,
Haryana-123029
4
O.A. No. 1233/2017 & OA No 1258/2017
Item No. 35 (C-4)
Aged about 23 years
19. Kapil Singh
S/o Sh. lshwar Dayal Singh
R/o E-33, Ram Raghu Residency, Agra-282001
Aged about 26 years
20. Ajay Kumar
S/o Sh. Lekh Ram
R/o VPO 8 DBL Dabli Khurd,
Teh. Tibbi, Dist.-Hanumangarh, Rajasthan
Aged about 23 years
21. Aashish Jewlia
S/o Sh. Ramdeva Ram
R/o VPO Tihay, Teh. Ramgarh,
Dist.-Sikar, Rajasthan-332307
Aged about 21 years
22. Lalit
S/o Sh. Subhash
R/o H. No. 2127/34, Hari Sigh Colony,
Siya Classes, Near Nehra Cable, Rohtak-124001
Aged about 25 years
23. Sajid
S/o Mohd. Shafi
R/o 132, K.V. Sub Station Bhoor Crossing,
Bulandshahr, Uttar Pradesh-203001
Aged about 25 years
24. Shatrughan Singh Patel
S/o Sh. Babu Lal Patel
R/o Chakbhoopat, Post-Khoki,
Dist.-Chitrakoot, Uttar Pradesh
Aged about 24 years
25. Ajit Singh
Slo Sh. Krishna Kumar Verma
5
O.A. No. 1233/2017 & OA No 1258/2017
Item No. 35 (C-4)
R/o Vill-Nyamupur, PO-Nayan Gaown Newada,
Teh. Loharpur, Dist.Sitapur, Uttar Pradesh
Aged about 23 years
26. Raj Kamal Singh
S/o Sh. Choote Lal Singh
R/o Sarai Akil, Dist.-Kaulhambi,
Uttar Pradesh-212216
Aged about 30 years
27. Anil Kumar
Slo Sh. Gigraj Kumawat
R/o VPO-Vaid Ki Dhani via-Shishu,
Teh. Dantaramgarh, Sikar, Rajasthan
Aged about 25 years
28. Sachin Yadav
S/o Sh. RP Yadav
Rlo H. No. 177, Yugal Vihar Colony,
Dhaliwas, Near Govt. Girls College,
Sector-18, Rewari, Haryana
Aged about 23 years
29. Vipin Kumar
S/o Sh. Suresh Kumar
R/o HNo. 797/11, G. N. -3.
Vivekanand Nagar, Bahadurgarh,
Haryana-124507
Aged about 24 years
30. Yatender Kumar Nagar
S/o Sh. Ramveer Nagar
R/o H. No. 51, New Sabhapur
Karawal Nagar, Delhi-110090
Aged about 21 years
31. Sunil Verma
S/o Sh. Ramkishan Verma
Ro VPO-Baliali, House No. 237,
Dist.-Bhiwani, Haryana
6
O.A. No. 1233/2017 & OA No 1258/2017
Item No. 35 (C-4)
Aged about 21 years
32. Nisha Goswami
S/o Sh. Robin Sharma
R/o 16/48, Geeta Colony, Delhi-110031
Aged about 23 years
33. Bikash Kumar Choudhary
S/o Sh. Bjay Kumar Choudhary
R/o Mathia Road Chandil, Vil. Kadamdih,
Dist.-Saraikela-Kharsawan, Jharkhand-832401
Aged about 29 years
34. Ankit Kumar
S/o Sh. Karan Singh
R/o VPO-Gagalheri, Saharanpur
Aged about 24 years
35. Sonu
S/o Sh. Dhanpat Singh
R/o VPO-Bachhod, Teh.-Ateli,
Dist.-Mahindergarh, Haryana-123021
Aged about 22 years
36. Anand Kumar Gupta
Slo Sh. Nawneet Lal Gupta
R/o Vill+Post-Lalganj, Azamgarh,
Uttar Pradesh-276202
Aged about 27 years
37. Minakshi
D/o Sh. Ranveer Singh
R/o Charan Singh Nagar, PO-Nangli Saledi Singh,
Dist.-Jhunjhunu, Rajasthan
Aged about 23 years
38. Abhishek Kumar
S/o Sh. Madhusudan Prasad
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O.A. No. 1233/2017 & OA No 1258/2017
Item No. 35 (C-4)
R/o Clo R. K. Srivastava, Urmila Kunj,
Nilanchal Colony, Saraidhela, Dhanbad-828127
Aged about 26 years
39. Anup Bharti
S/o Sh. Avinesh Barnwal
R/o Castairs Town, B. Deoghar,
PS-Deoghar, Dist.-Deoghar, Jharkhand
Aged about 26 years
40. Indra Kala Kumawat
D/o Sh. Ratan Lal Kumawat
R/o Vil.-Madhopura, Post-Shyampura,
Th. & Dist. Sikar, Rajasthan
Aged about 24 years
41. Tarun Yadav
S/o Sh. Kishore Yadav
R/o H. No. 97, Govind Mohalla,
Haider Pur, Delhi-110088
Aged about 25 years
42. Nishant Verma
S/o Sh. Ram Manohar Verma
R/o 16/1268, Sector-16, Indiranagar,
Lucknow, Uttar Pradesh-226016
Aged about 27 years
43. Nadeem Akhtar
S/o Sh. Akhtar Ali
R/o Mehlakpur Road, Islam Nagar,
Pakbara, Moradabad-244102
Aged about 30 years
44. Alok Patel
Slo Sh, Ram More Verma
R/o Ward No. 3, Patel Nagar, Akbarpur,
Ambedkar Nagar, Uttar Pradesh-224122
Aged about 22 years
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O.A. No. 1233/2017 & OA No 1258/2017
Item No. 35 (C-4)
45. Mukesh Mannu
S/o Sh. Ramesh Shah
R/o At+Po-Parwaha, P.S-Forbesganj,
Dist.-Araria, Bihar
Aged about 23 years
46. Monu Kumar Prasad
Slo Sh. Murali Dhar Prasad
R/o 49/5/H/166 Karl Marx Sarani,
Kolkata-700023
Village/Post-Ekwari, Dist.-Bhojpur,
P.S/Block-Sahar-882208
Aged about 24 years
47. Bommera Aravind
Slo Sh. Ravinder
R/o H. No. 17-1, Palugugadda Street,
Post & Mandal:- Domakonda,
Kamareddy, Dist. -Telangana
Aged about 21 years
48. Hemant Gaur
S/o Sh. Premlal Gaur
R/o Village-Tipri, PO-Jivya, Kotdhav,
Teh.-Chinyalisaur, Uttarkashi
Aged about 24 years
49. Pravindra Singh Panwar
S/o Sh. Paras Mal Panwar
R/o 3, Guljar Nagar-B, Bhadwasiya,
Jodhpur-342006
Aged about 22 years
50. Rohit Kasana
Slo Sh. Kawar Pal
R/o Village-Sharifabad Rajpur,
Post-Farrukh Nagar, Loni,
Ghaziabad, Uttar Pradesh
9
O.A. No. 1233/2017 & OA No 1258/2017
Item No. 35 (C-4)
Aged about 21 years
51. Ravi Prashant Tak
S/o Sh. Om Prakash
R/o Outside Shitla Gate, Bikaner,
Rajasthan-334001
Aged about 26 years
52. Akash Sahu
S/o Sh. D. N. Sahu
R/o 60, New Jagdamba Colony,
Mateshwary Garden, Krishupaj Mandi, Jabalpur
Aged about 26 years
53. Mahesh Yadav
S/o Sh. Ashok Yadav
R/o 51, Amichand Khand, Giri Nagar,
Kalkaji, New Delhi-110019
Aged about 23 years
54. Vandana Saini
D/o Sh. Vijay Pal Singh
R/o House No. 416/3, Rajendra Nagar,
Roorkee, Haridwar, Uttrakhand-247667
Aged about 24 years
55. Abhinay Saini
S/o Sh. Naresh Chandra Saini
R/o Dak, Banglow Road, Saraimeera,
Dist.-Kannauj
Aged about 21 years
56. Kamal Verma
S/o Sh. Mahesh Verma
R/o 25/24, Dev Nagar, Batra Colony,
Sonipat, Haryana
Aged about 24 years
57. Dharmendra Kumar Maurya
S/o Sh. Ram Kumar Maurya
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O.A. No. 1233/2017 & OA No 1258/2017
Item No. 35 (C-4)
R/o Kayri Ka Pura, Shakardaha,
Pratabgarh, Uttar Pradesh-230201
Aged about 22 years
(OBC candidates towards Group 'B' and 'C Combined
Graduate Level Examination-2016)
....Applicants
(By Advocate : Mr. Ajesh Luthra)
VERSUS
1. Union of India,
Through its Secretary,
Department of Personnel & Training.
Ministry of Personnel, Public Grievance & Pension.
North Block, New Delhi
2. Staff Selection Commission
Through its Chairman (Head Quarter),
Block No 12, CGO Complex,
Lodhi Road, New Delhi-110091
3. Staff Selection Commission
Through its Regional Director (NR),
Block No 12, CGO Complex,
Lodhi Road, New Delhi-110091
4. Staff Selection Commission
Through its Deputy Director (MPR),
J5, Anupam Nagar, Raipur,
Chhatisgarh-492001
5. Staff Selection Commission
Through its Regional Director (CR),
21-23, Lowther Road, Allahabad,
Uttar Pradesh-211 002
6. Staff Selection Commission
Through its Regional Director (ER),
1s MSO Building. (8th Floor) 234/4,
11
O.A. No. 1233/2017 & OA No 1258/2017
Item No. 35 (C-4)
Acharya Jagadish Chandra Bose Road,
Kolkata, West Bengal-700020
7. Staff Selection Commission
Through its Deputy Director (NWR),
Block No. 3, Gr. Floor, Kendriya Sadan,
Sector-9, Chandigarh-160017
(Respondent No. 4-7 to be served through respondent
No. 2)
.... RESPONDENTS
(By Advocate : Mr. Rajeev Kumar, Mr. Rajinder Nischal)
O.A. No. 1258/2017,
M.A No. 1382/2017
Kishan Das son of Shri Ram Das
Aged about 25 years
Resident of Vaishnav Colony
Near Bus Stand, VPO Binjwadiya
Tehsil Tinwari, Jodhpur 342 006
....Applicant
(None for the applicants)
VERSUS
1. Staff Selection Commission
Through its Chairman, Block No.12,
CGO Complex,
Lodhi Road, New Delhi - 110 003
12
O.A. No. 1233/2017 & OA No 1258/2017
Item No. 35 (C-4)
2. The Regional Director
Staff Selection Commission (Northern Region)
Block No.12 CGO Complex, Lodhi Road
New Delhi - 110 003
.... RESPONDENTS
(By Advocate : Mr. Rajinder Nischal)
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O.A. No. 1233/2017 & OA No 1258/2017
Item No. 35 (C-4)
ORDER (ORAL)
Hon'ble Mr. Tarun Shridhar, Member (A) MA No 1338/2017 The present MA has been filed by the applicants seeking permission to pursue the present OA jointly.
2. For the reasons stated therein, the MA is allowed. The applicants are permitted to pursue the OA jointly. OA No 1233/2017 & 1258/2017 By virtue of the Original Application, the applicants seek the following reliefs :
In OA No 1233/2017
a) Quash and set aside the impugned stipulation laid down by the respondents No. 1 and 2 in its .employment notification towards Combined Graduate Level Examination - 2016.
b) To direct the respondents to accept the OBC certificates of the applicants and admit the non-
creamy layer status of the applicants, subject of course, to the usual verifications and
c) Consider the applicants candidatures accordingly for purposes of appointment, in the selection process of CGLE-2016.
d) Accord all consequential benefits.
e) Award costs of the proceedings; and
f) Pass any order/relief/direction(s) as this Hon'ble Tribunal may deem fit and proper in the interests of justice in favour of the applicants." 14
O.A. No. 1233/2017 & OA No 1258/2017 Item No. 35 (C-4) In OA No. 1258/2017
g) That para 5 (J) of the impugned Advertisement No. F No. 3/1/2016-P & P-1 dated 13.2.2016 (Annexure A/1), to the extent it provides that 'Certificate in the prescribed format for Creamy Layer Status for OBC candidates issued between 15,03,2013 and upto 09,09,2016 only will be accepted', may be declared illegal, inconsistent with the provisions made by the DOPT in this respect and the same may be quashed.
h) That the respondents may be directed to consider the candidature of the applicant against the vacancies reserved for OBC/Non Creamy layer on the basis of caste certificate issued to him on dated 22.2.2017 (Annexure A/2) and allow him all consequential benefits.
i) That any other direction, or orders may be passed in favour of the applicant which may be deemed just and proper under the facts and circumstances of this case in the interest of justice.
j) That the costs of this application may be awarded.
2. Pursuant to notice, the respondents have filed the counter reply. The Original Application is of the Year 2017 and it is not understood as to why it is lying pending for these long years, especially in the light of the fact stated in the counter reply and as pointed out by the learned counsel for the applicants.
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O.A. No. 1233/2017 & OA No 1258/2017 Item No. 35 (C-4)
3. The issue at stake could be adjudicated in terms of the averments made by the respondents in their counter reply, learned counsel argues. He particularly draws attention to paras 10 and 12 of the same which, in fact, in a way is an admission by the respondents of the bona fides of the claim made by the applicants in the Original Application. The limited grievance of the applicants is that their candidature is not being accepted on the ground that the OBC certificate submitted by them is beyond the date prescribed in the employment notification.
4. Learned counsel points out that there is no whisper in the counter reply with respect to the said stipulation and infact the respondents have agreed that the OBC certificates of the applicants have been accepted by the respondents and as per merit, some of the applicants have been declared successful for different posts under the OBC category. The said counter reply further mentions that now no cause sustains. Accordingly, it is an admission that the relief stands granted.
5. Learned counsel for the respondents clarifies that only some of the candidates have been declared successful and not all the applicants in the present Original Application. Therefore, it is only the successful applicants 16 O.A. No. 1233/2017 & OA No 1258/2017 Item No. 35 (C-4) who can seek the relief of being declared successful on the basis of their OBC certificate and meritorious position in the selection process.
6. We have heard the learned counsel for the parties. We appreciate that both the learned counsel have effectively assisted in the adjudication of the matter today by limiting the arguments to only the issue at hand. Since both the parties are relying upon the averments made in the counter reply, specifically para 10 onwards, it would be appropriate to reproduce the relevant extract of the said counter reply verbatim :
"10. That the Answering Respondent vide letter no. 1-4/2010- P&P-1(/PL) dated 13.04 2017 issued directions to its Regional/Sub regional Offices for accepting OBC certificates produced by the candidates at the time of Document Verification (Copy of letter dated 13.04.2017 annexed herewith as Annexure-R/2). Accordingly, said certificates of the Applicants were accepted PROVISIONALLY by Answering Respondent subject to comprehensive verification of OBC certificate by the User Department in case of selection and .they were allowed in Document Verification on their respective dates.
11. That it is further submitted that final result of the said Exam has already been declared by Answering Respondent vide result dated 05.08.2017 (Copy annexed herewith Annexure R/3). As per said final result many of the Applicants have been finally declared successful by the Answering Respondent for different posts as per their merit-cum-preference under OBC category subject to verification of the OBC certificates by their respective User Departments.17
O.A. No. 1233/2017 & OA No 1258/2017 Item No. 35 (C-4)
12. That since OBC certificates of Applicants were already accepted by the Answering Respondent and as per the merit, some of the Applicants have also been finally declared successful for different posts under OBC category no cause is sustained for further continuance of this Original Application.
13. That in view of the position explained above, the Answering Respondent has done nothing injustice to the Applicants and is within the frame work of the provisions/Guidelines of the Notice of the aforesaid Examination."
7. In view of the categorical statement made in the counter reply, we are disposing of the present Original Application with a direction to the competent authority amongst the respondents to ensure that in terms of their own statement of acceptance of OBC certificate of the applicants, they shall declare all such candidates successful for different posts under the OBC category who have already attained success on the strength of their own merit.
8. In case, some of the applicants are found to have been successful on merit, necessary consequential action shall be taken in terms of forwarding their dossiers to the relevant requisitioning department. 18
O.A. No. 1233/2017 & OA No 1258/2017 Item No. 35 (C-4)
9. These directions shall be complied with within a period of eight weeks from the date of receipt of a certified copy of this order.
10. The OA stands disposed of against the background of these directions. Pending MA, if any, stands disposed of accordingly.
There shall be no orders as to costs.
(Pratima K. Gupta) (Tarun Shridhar)
Member (J) Member (A)
/NISHA/