Central Administrative Tribunal - Delhi
Pooja Rohila vs Delhi Subordinate Services Selection ... on 29 March, 2023
1 OA No. 2053/2017
Central Administrative Tribunal
Principal Bench: New Delhi
OA No. 2053/2017
Order reserved on: 30.01.2023
Order pronounced on: 29.03.2023
Hon'ble Mr. Anand Mathur, Member (A)
Hon'ble Mr. Manish Garg, Member (J)
Pooja Rohilla, Aged about 30 years, Group-C,
(Roll No.58100690, Post TGT Domestic Science,
W/o Sh. Mukesh Kumar,
R/o H.No.45-A Extn.4,
Near Daulat Ram Public School,
Nangloi, New Delhi.
....Applicant
(By Advocate: Mr. T.N.Tripathi)
Versus
1. Delhi Subordinate Services Selection Board (DSSSB)
Through its Secretary,
FC-18, Institutional Area,
Karkardooma, Delhi-110092.
2. Directorate of Education,
Govt. of NCT of Delhi,
Old Secretariat Building,
Civil Lines, Delhi-110054.
... Respondents
(By Advocate: Mr. Amit Anand)
2 OA No. 2053/2017
ORDER
By Hon'ble Manish Garg, Member (J) In the present OA, the applicant is seeking following reliefs:
"(a) Set aside/quash the rejection notice (Annexure A-1) No.143 in respect of the applicant issued by respondent No.1 on 11.5.2017.
(b) Allow this application by directing the respondent No.1 to consider the candidature of the applicant on the post of TGT (Domestic Science) post code 67/10 under the category of OBC Certificate outside keeping in view the certificates issued by the State of Haryana prior to the marriage of the applicant and further OBC Certificate issued by GNCTD after the marriage of the applicant in Delhi.
(c) to direct the respondents to offer the post applied by the applicant in case applicant found in the merit OBC category with all consequential benefit.
(d) Pass any other order/orders which this Hon‟ble Tribunal may deem fit and proper in the facts and circumstances narrated in preceding paras."
2. Brief Facts:
2.1 The case set up by the applicant is that prior to marriage and after the marriage in Delhi in 2008 she belongs to "OBC" Category as her caste "Chhippy (Darzi)", which is notified as OBC in both the State i.e. in the State of Haryana and the State of Delhi.
2.2 Various posts including TGT (Domestic Science) were advertised in the year 2010. The applicant applied for the post of TGT (Domestic Science) under OBC category. At the time of submission of the application form, the applicant 3 OA No. 2053/2017 submitted OBC certificate issued by the Competent Authority of State of Haryana.
2.3 The applicant appeared in the written examination and secured 75.25 i.e. the last cut off mark under the OBC category. The result showing the marks obtained by the applicant and the last cut off mark under the OBC category is annexed at Annexure A-6 of the paper book.
2.4 The applicant applied for OBC certificate in the State of NCT of Delhi in the year 2015 on the basis of her OBC issued by State of Haryana prior to her marriage in Delhi. The Competent Authority, Govt. of NCT of Delhi on 24.03.2015 issued OBC certificate on the proper format on basis of the OBC certificate issued in favour of her father. The OBC certificate was issued by the Competent Authority prior to verification of documents for the post of TGT (Domestic Science) i.e., 24.06.2016. The OBC Certificate issued by GNCTD is still valid and has not been cancelled till date. The applicant after obtaining the OBC certificate submitted the same to the respondent/Authority.
2.5 The respondents issued a Rejection Notice on 11.05.2017, stating therein that the OBC certificate issued in favour of the applicant is from outside i.e. other than NCT of Delhi, whereas, the applicant has submitted both the certificates dated 27.06.2003 issued by the State of Haryana 4 OA No. 2053/2017 and OBC certificate issued on 24.03.2015 by the NCT of Delhi. Learned counsel for the applicant would argue that it is settled law that the subsequent OBC Certificate issued by the NCT of Delhi is mere an affirmation of the fact which is already in existence. This Tribunal vide Interim Order dated 02.06.2017, reserved one post of TGT (Domestic Science) for applicant in the OBC category. It is submitted that the case of the applicant is squarely covered by the judgment of Hon'ble High Court of Delhi titled as GNCT of Delhi vs. Poonam Chauhan, W.P. (C) 548/2008 dated 09.07.2008, whereby it is held as under:
"9. .....Respondent visited the office of the Deputy Secretary with letter dated 31.01.2005 and requested 15 days' time as her original OBC certificate dated 13.03.2001 was not traceable at that time. Thereafter she applied for the OBC certificate to Govt. of NCT of Delhi and on 05.02.2005, SDM Seelampur, Delhi had furnished OBC certificate to her which was sent by her DSSSB on 07.02.2005. She further stated that she had annexed OBC certificate dated 13.03.2001 with the application form which was issued to her before marriage by Tahsildar Baraut District Bagpat U.P. The petitioner has not been able to show any reason to differ said finding of the fact. The respondent has also annexed the aforesaid certificate along with the O.A. filed before the Tribunal. The genuineness of the same is not challenged is challenged before the Tribunal or before this Court. The aforesaid caste certificate was issued much prior to last date of application. It is not the case of the Government that the respondent fall in creamy layer.
10. Considering the above facts and circumstances, no case for interference with the impugned order is made out. Present petition dismissed."
2.6 Learned counsel for the applicant states that the case of the applicant would be squarely covered by the Order of the Co-ordinate Bench of this Tribunal titled as Nikhat 5 OA No. 2053/2017 Praveen v/s GNCT of Delhi - O.A. No.3257/2014 decided on 15.05.2018. Relevant part of the order is reproduced below:
"6. Rebutting the contentions advanced on behalf of the applicant, learned counsel for the respondents Ms. Harvinder Oberoi stated that the candidature of the applicant cannot be considered under the OBC category since she does not possess the OBC certificate as per the prescribed format. She emphasized that as per the Instructions No. 12011/11/94- BCC(C) dated 08.04.1994, it is laid down that:-
"In continuation of the DOPT‟s letter of 36012/22/93-Estt. (SCT) dated 15th November, 1993, I am directed to say that it has been represented to this Department that persons belonging to OBCs who have migrated from one State to another for the purpose of employment, education, etc. experience great difficulty in obtaining caste certificates from the State from which they have migrated. In order to remove this difficulty, it has been decided that the prescribed authority of a State/J.1. Administration in terms of the DOPT letter No. 36012/22/93- Estt.(SCI) dated 15th November, 1993 may issue the OBC certificate to a person who has migrated from another State on the production of a genuine certificate issued to his father by the prescribed authority of the State of his father‟s origin! except where the prescribed authority feels that a detailed enquiry is necessary through the State of origin before the issue of the certificate."
Ms. Oberoi further stated that in the instant case, the OBC certificate of the applicant is not based on her father‟s certificate but on her own migration certificate. She contended that the citations quoted by the learned counsel for the applicant are not relevant to the facts of this case since none of these judgments has taken cognizance of the aforementioned instructions.
7. We have perused the record and gone through the facts of the case carefully. The main objection raised by the respondents is that the OBC certificate of the applicant is not in proper format as specified by the respondents as per Instructions dated 08.04.1994 (supra) which stipulates that the OBC certificate can be issued to a person on production of a genuine certificate issued to his father by the prescribed authority of the State of his father‟s origin. Unfortunately, the respondents seem to have denied the benefit to the applicant merely because of non-fulfillment of a technicality without making out any case that the certificate is based on wrong facts or issued fraudulently. The OBC certificate dated 10.12.2009 in favour of the applicant has been issued on the basis of the earlier caste certificate issued by the B.D.O. Phoolwari, Patna after due verification in favour of the applicant herself. These facts are clearly mentioned in the OBC certificate produced by the applicant. 6 OA No. 2053/2017
8. The veracity of the OBC certificate is not in dispute and the applicant admittedly belongs to the Ahir Community and fulfills the conditions of an OBC candidate, the benefits due to her legally and applied for, cannot be denied to her by the respondents. We have, therefore, no hesitation in allowing the claim of the applicant. Accordingly, the respondents are directed to offer appointment to the applicant to the post of Teacher (Primary-Urdu) under Post Code-69/09 under OBC category, with all consequential benefits, as per law, if she is otherwise eligible."
2.7 The applicant further rely upon the judgment and order of the Hon'ble High Court of Delhi in Sunita vs. GNCT of Delhi, 119 (2005) DLT 368 (Para 16 to 20).
"16. The Supreme Court on the facts of the case before it held that while petitioners were not entitled to be considered in the OBC categories in the absence of certificate from NCT. However, directions were issued to consider them in the general category.
17. Having noticed the legal principles enunciated in the judgments referred to above, let us consider the facts of the present case. As already noted in para hereinbefore, the terms of the advertisement and the legal principles enunciated, petitioner could not be excluded from consideration as an OBC candidate on the ground that the OBC certificate had not been furnished by the cut off date i.e., 30.6.1998 or that the certificate furnished initially was not from the Competent Authority of NCT of Delhi.
18. The next question to be considered is the entitlement of the petitioner who had initially furnished the OBC certificate from Haryana to be considered and recognised as an OBC candidate in the NCT of Delhi in the light of the Certificate from Competent Authority in Delhi. It is not in dispute that caste "Ahir" is recognised as an OBC within the NCT. Moreover, the petitioner has produced on record a certificate dated 8.10.1998, which is in the following form:-
Serial No.56210/847 Date:8.10.98 OFFICE OF THE DEPUTY COMMISSIONER, DELHI This is to certify that Miss Sunita, s/o, d/o Shri Mukesh Kumar, resident of 25/212, Trilok Puri, Delhi belongs to the community Ahir which is recognised as a backward class under the NCT of Delhi notified vide Notification No.F.28(93)/91-2/SCST/P&S/4384 dated 20.1.95 published in the Gazette of Delhi Extraordinary Part-IV dated 20.1.95 and/ or his family ordinarily reside(s) at (Address) as above Union Territory of Delhi.7 OA No. 2053/2017
This is also to certify that he/ she does not belong to the persons/ sections (Creamy layer) mentioned in column 3 of the Schedule to the Government of India, Department of Personnel and Training O.M. No.36012/22/93-Estt.(SCT) dated 8.9.1993.
19. The aforesaid certificate records that "Ahir" is recognized as a backward class in terms of notification bearing No.F.28(93)/91-92/SC/ST/P&S/4384 dated 20.1.95. There is further certification that the petitioner does not belong to the creamy layer. The above certificate has been issued in the prescribed Annexure `AA' which is required for OBC candidates applying to posts under the Government of NCT of Delhi. The Certificate is in accordance with the prescribed requirements as noted by the Supreme Court in MCD V.Veena (Supra) to confer the benefit of reservation as backward class in NCT of Delhi. The petitioner having been granted this certificate, in my view, the said certificate is binding and conclusive on the respondents. The said certificate itself assumes that the authorities have satisfied themselves as to the eligibility of the petitioner to be treated as an OBC in the NCT of Delhi for posts falling under the Government of NCT. The authorities are to issue the said certificate after due verification and satisfaction and subject to the petitioner fulfilling the conditions of eligibility as an OBC candidate, including that of being ordinarily resident. It is not the case of the respondent that the aforesaid certificate had not been issued or was fraudulently issued or has been revoked. As long as the aforesaid certificate is subsisting, valid and in force, the respondents cannot deny the consideration to the petitioner as an OBC candidate, even though the initial certificate may have been from the State from which she has migrated, or raise an objection as to the origin of the petitioner. Accordingly, this case is on a different footing from Manju Rani V. DSSB & Ors. (Supra) in view of the OBC certificate having been issued by the prescribed and Competent Authority of NCT.
20. In view of the foregoing discussion, it is held that the petitioner's case is liable to be processed as an OBC candidate in view of the certificate in Form `AA' dated 8.10.98 as issued by the NCT. Respondents are accordingly directed to process the case of the petitioner as an OBC candidate.
Writ petition stands allowed in the above terms." 2.8 The applicant also rely upon the judgment of Hon'ble High Court of Kerala in the case of Union of India vs. Abdul Rasheed, W.A.No. 655/2016 in WP (C) No.39210/2015 8 OA No. 2053/2017 decided on 21.07.2016, which is affirmed by Hon'ble Supreme Court on 23.01.2017.
3. Per contra, respondent no.1 filed their counter reply and contended that the Board while advertising the vacancies for the post of TGT (Domestic Science) vide advertisement No.02/2010. As per Point No.4 of Note below Section-A of the advertisement, if has been clearly reiterated that:
".....OBC CANDIDATES seeking benefit of reservation should submit OBC certificate issued by the Competent Authority of Government of NCT of Delhi. Candidates seeking reservation as OBC have to submit a declaration in the prescribed format (Annexure- 1), that to submit a he/she does not belong to the creamy layer on the crucial date in addition to the community certificate (OBC). Unless, otherwise specified, the closing date for receipt of applications for the post is to be treated as crucial date."
3.1 Ms. Pooja Rohilla is a candidate for the post of TGT (Domestic Science), Post Code 67/10 under OBC category. The applicant at the time of verification of documents produced an OBC certificate issued by the Tehsildar, Punjabi Bagh on dated 24.03.2015.
3.2 As per the policy of Government of Delhi, the following two types of certificates are considered as valid certificates for grant of benefit of reservation to OBCs in civil posts under Govt. of NCT of Delhi.
3.3 OBC certificate (Delhi) issued by the Revenue Department of GNCT of Delhi, on the basis of any old 9 OA No. 2053/2017 certificate issued to any member of individual's family from GNCT of Delhi 3.4 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.
3.5 Further, the OBC (Delhi) benefits are extended to the following type of candidates:
3.5.1 Any member of the applicant should have been residing in Delhi continuously on or before 08.09.1993.
3.5.2 The OBC caste certificate issued by the Competent Authority outside Delhi to a person belongs to a community duly notified as OBC by GNCT of Delhi.
3.5.3 For the purpose of verification of claims for belonging to Castes/ Communities as per the list notified by the NCT of Delhi, the certificate from the following authorities only will be accepted.
(i) District Magistrate, Delhi
(ii) Addl. District Magistrate, Delhi 10 OA No. 2053/2017
(iii) Sub Divisional Magistrate, Delhi
(iv) Executive Magistrate, Delhi 3.6 On scrutiny of the OBC certificate produced by the applicant, Ms. Pooja Rohilla, it is found that the said certificate was issued on the basis of the OBC certificate issued to her father, who is a permanent resident of Rohtak, Haryana. It has further been stated that the Caste 'DARZI is recognised as OBC in the State of Haryana and moreover, the said OBC certificate has been issued on 24/03/2015, i.e. after the closing date of receipt of application(s). The Hon‟ble Supreme Court of India in Appeal (Civil) 3045 of 1998 in the matter of MCD and Veena & Ors. held that the OBC migrants or OBC (outsider) are not eligible for concession admissible to the OBCs of NCT of Delhi. Relevant extract of the judgment dated 24 08.2001 is as under:
"........A careful reading of this would indicate that the OBCs would be recognised as such in the Government of National Capital Territory of Delhi as notified in the Notification dated 20.01. 1995 and further for the purpose of verification of claims for belonging to castes/communities in Delhi as per the list notified by the National Capital Territory of Delhi the certificates will have to be issued only by the specified authorities and certificates issued by any other authority could not be accepted. The Government of India has also issued instructions from time to time in this regard which indicated that a person belonging to OBC on migration from the State of his origin in another state where his caste was not in the OBC list was entitled to the benefits or concessions admissible to the OBCs in his State of origin and Union Government, but not in the State to which he has migrated. Thus the High Court lost sight of these aspects of the matter in making in the impugned order in either ignoring the necessary notifications issued in regard to classification of OBC categories or in the matter of verification thereof. Thus, 11 OA No. 2053/2017 the order made by the High Court in this regard deserves to be reversed.
However, one aspect has to be borne in mind and that the respondent-candidates had made applications as if they belong to OBCs on the basis of the certificates issued by the State from which they migrated to the National Capital Territory of Delhi, but if the certificates issued in their original States of which they are permanent or ordinary residents were not good, the applications should have been treated as if they had made in the general category and cases or the respondent candidates ought to have been considered in general category. Therefore, to the extent, the applicants have attained necessary merit in the general list, they deserve to be appointed.
We, therefore, in allowing these appeals, direct that the cases of the respondent-candidates shall be treated as if they do not belong to OBC groups but to fall under the general category and their cases shall be examined and they shall be appointed in the appropriate posts of primary and nursery teachers if they have attained the necessary merit in the select list....."
3.7 Thus, the Petitioner, Ms. Pooja Rohilla who is not in possession of OBC (Delhi) Certificate issued by the Competent Authority and not fulfilling the criteria as laid down in the advertisement is not eligible for granting any relaxation under OBC category.
3.8 The respondents have also taken objection in para 3 of the counter reply that OBC Certificate was issued to the applicant by NCT of Delhi after cut off date. 3.9 Learned counsel for respondent further relied upon the judgment and order passed by the Hon'ble Supreme Court passed in GNCT of Delhi and Ors. vs. Ravindra Singh S.L.P. (C) No. 12474-12475/2019 dated 12.09.2022, which is clearly distinguishable to the case of the applicant as in the said case Ravindra Singh (supra), respondent therein could 12 OA No. 2053/2017 not have the OBC Certificate issued by the NCT of Delhi, whereas in the present case, the applicant had submitted OBC certificate issued by the State of Haryana at the time submission the application form and also produced the OBC certificate issued by the GNCT of Delhi before the verification of the documents.
3.10 The respondent rely upon the judgment and order of Hon'ble Karnataka High Court dated 15.03.2022 titled as Smt. Archana M.G. vs. Smt. Abhilasha and Anr., WP (C) 3399/2022, which is absolutely not applicable in case of the applicant. The said case is pertaining to Schedule Tribe as the petitioner does not belong to schedule tribe by birth, although she claimed to have acquired social status by marriage to a member of Schedule Tribe.
3.11 The respondents relied upon the Judgment of the Hon‟ble Rajasthan High Court dated 02.02.2022 titled as Sunita Rani vs. Sate of Rajasthan, Writ Petition No.1452/2022, which is absolutely not applicable in case of the applicant. The said is also pertaining schedule caste, Tehsildar Nohar District Hanuman of State of Rajasthan. The petitioner in the said case applied for S.C. certificate after her marriage in Rajasthan to male member of S.C., but Tehsildar, Nohar, Hanumangarh rejected the application of the 13 OA No. 2053/2017 petitioner for issuance of S.C. certificate, which is not applicable in case of the petitioner.
3.12 The respondents rely upon the Judgement and order of the Hon'ble Madhya Pradesh High Court dated 23.08.2013, titled as Smt. Kavita Devi Lakhakar vs. State of Madhya Pradesh, Writ Petition No.13134/2013, which is also not applicable in case of the applicant. In the said case, the petitioner was not holder of the OBC certificate in migrated State, whereas in the present case the applicant is the holder of OBC certificate issued by NCT of Delhi. 3.13 The respondents rely upon the judgment and order of Hon'ble Supreme Court in MCD vs. Veena, Civil Appeal No.3045/2008 decided on 14.08.2001, which is distinguishable, as in that case, the OBC certificate was not issued by the Competent Authority of NCT of Delhi on proper format, whereas, in the present case the OBC certificate was issued on proper format by NCT of Delhi.
3.14 The respondent no.2 (Directorate of Education) has contended that their role starts only after the dossiers of the selected candidates are received from the respondent No.1 (DSSSB). Therefore, vide letter No.2607 dated 12.07.2017, respondent No.1 was requested to defend the matter in this Tribunal and also watch their interest, who is a proforma party in the case.
14 OA No. 2053/2017
4. We have heard Sh. T.N.Tripathi, learned counsel for applicant and Sh. Amit Anand, learned counsel for respondents and perused the pleadings on record and written submission of the learned counsel for the applicant. We now analyze the facts and law put forth by the learned counsels for respective parties.
5. Analysis:
5.1 The Impugned Order/Rejection Notice dated 11.05.2017, is reproduced below for ready reference:
"REJECTION NOTICE NO : 143 DOMESTIC SCIENCE TEACHER, POST CODE-67/10 IN DIRECTORATE OF EDUCATION.
On the basis of written examination held on 28/12/2014 and eligibility regarding eucational qualification, age, etc. as per advertisement no. 002/2010 and RRs for the post of Domestic Science Teacher (Post Code-67/10) in Directorate of Education, the following candidates are declared as "Not Eligible" and their candidature for the post of Domestic Science Teacher (Post Code- 67/10) is hereby rejected due to reasons mentioned in Remarks column against their roll No.-
OBC CATEGORY:
Sl. No. Roll No. Reason
1. 58100609 Not having requisite qualification
2. 58100690 OBC (Outside)
If any candidate has any grievance regarding his/her educational qualification/age etc. he/she may approach the user department i.e. Directorate of Education, GNCTD for necessary clarifications as the eligibility has been checked as per the terms & conditions provided by the user Department.15 OA No. 2053/2017
This issues with the prior approval of the Competent Authority, DSSSB.
DY. SECRETARY, DSSSB"
5.2 The applicant has not preferred any representation to respondent qua the impugned Order /Rejection Notice dated 11.05.2017 and has knocked the doors of this Tribunal for redressal of her grievances.
5.3 We now look into the Advertisement No.02/2020 (Annexure -2), the relevant clauses of the same for purpose of adjudication are extracted herein below:-
"ADVERTISEMENT NUMBER 02/2010 OPENING DATE FOR RECEIPT OF APPLICATIONS:
12/07/2010.
CLOSING DATE FOR RECEIPT OF APPLICATIONS 30/07/2010. (In case the closing date happens to be a public holiday the next working day will be the last date for receiving of applications) xxx xxx xxx Applications are hereby invited from eligible candidates for recruitment to various posts in the Department under Government of NCT of Delhi, its autonomous bodies and Delhi Public Library. The details regarding name of the post(s), post code, Department, number of vacancies, educational qualifications (as per Recruitment Rules provided by the user department), experience required, pay scale, age limit etc. are at Section A of this Advertisement. However, the applicants are required to go through the detailed advertisement for section „B‟ Scheme of Examination; for Section „C‟ General instructions & procedure for submission of application form and for Section „D‟ Prescribed Application form. The candidates can also see the complete advertisement in DSSSB website i.e. www.dsssb.delhigovt.nic.in.
Xxx xxx xxx 16 OA No. 2053/2017 IMPORTANT: It is brought to the notice of all prospective applicants that the following specifications are to be strictly followed while submitting the application form:
(1) Prescribe Application form shall be filled: Form 01 for the examination of the posts of PGT/TGT/Assistant Teacher (Nursery);
Form 02 for the Combined examination of the various posts of Librarian and Form 03 for the Combined examination of the various posts of Library Clerk/Assistant. (2) (a) COLOUR Passport size clear photograph
(b) It should be in SHARP FOCUS
(c) Black and white and blurred photographs will not be acceptable and are liable for rejection.
(3) OBC candidates seeking benefit of reservation should submit OBC certificate issued by the competent authority of Government of NCT of Delhi alongwith Duly filled Annexure I. (4) The vacancies in the advertisement, earmarked for different reserve categories i.e. SC/OBC, are as per the requisition of the user department. It is clarified for the prospective candidates of SC/OBC categories, that reservation benefits in these categories for the vacancies shall be admissible as per judgement dated 04/08/2009 of Hon'ble Supreme Court of India as passed in Civil Appeal No. 5092/09 (arising out of SLP Civil No. 24327 of 2005) - Subhash Chander & Ors. Vs Delhi Subordinate Services Selection Board and Ors. with WP(C) No. 507 of 2006- Sarv Rural & Urban Welfare Society Vs. Union of India & Ors and the related instructions of the Government. All prospective candidates are advised to check their eligibility regarding admissibility of benefit of reservation accordingly. In view of Judgment dated 04/08/2009 of Hon'ble Supreme Court of India and in absence of Presidential notification under Article 342 of the Constitution of GOVERNMENT OF NCT OF DELHI India declaring any tribe to be a ST in the UT of Delhi vacancies under ST category are not being advertised." NOTE :
(1) Candidates must read the detailed instructions to candidates in Section A, B and C of the advertisement before filing up PART I and PART II of form.
He/She must fill the form strictly according to the instructions. (2) Candidate must ensure that No column is left blank or wrongly filled in either Part I or Part II of the form as the information furnished therein would be used in recruitment process. Applications Form not filled correctly, completely and as per the instructions in both Part I and Part II are liable to be rejected and the onus of such rejection would be on the candidate himself/herself. The Board will not entertain any claim for candidature after such rejection.
17 OA No. 2053/2017(3) Candidates are required to submit legible attested copies of the following documents along with the application form (any information contained in the attached certificates shall not be considered unless it is claimed in the application form)
(i) Matriculation/Secondary certificate or equivalent in support of their declaration of age.
(ii) Degree or Diploma or other certificates in support of their claim of educational qualifications and copies of ALL YEAR WISE mark sheets from Matriculation onwards.
(iii) Experience certificates wherever applicable
(iv) Caste/Category/ Disability Certificate (as prescribed in Rule of FR/SR) on the prescribed form, issued by the competent authorities, if claiming benefit under any of the above categories. (4) The number of vacancies reserved for various categories has been notified in the advertisement on the basis of requisitions furnished by the Indenting Departments. OBC CANDIDATES seeking benefit of reservation should submit OBC certificate issued by the Competent Authority of Government of NCT of Delhi. Candidates seeking reservation as OBC have to submit a declaration in the prescribed format (Annexure- I), that he/she does not belong to the creamy layer on the crucial date in addition to the community certificate(OBC). Unless otherwise specified, the closing date for receipt of applications for the post is to be treated as crucial date.
Xxx xxx xxx (7) The Educational qualification, age, experience and other conditions of eligibility as stipulated above against the post shall be determined as on the closing date of receipt of applications.
SECTION-C GENERAL INSTRUCTIONS AND PROCEDURE FOR SUBMISSION OF APPLICATION FORM (1) ......... (2) ......... (3) ........... (4) ELIGIBILITY CONDITIONS
(i) The candidate must be a citizen of India.
(ii) The educational qualifications, age, experience etc. as stipulated in SECTION-A shall be determined as on the closing date of receipt of applications.
(iii) A candidate must be in good mental and physical health and free from any physical defect, (except wherever specific relaxation has been made) likely to interfere with the efficient discharge of duties. Only such candidates as are likely to be considered for appointment will be medically examined. A candidate after such medical examination as may be prescribed by the competent 18 OA No. 2053/2017 authority, if found not to satisfy the requirements for the post(s), will not be appointed.
(iv) In respect of above mentioned posts, the requirement and the category as given above, in the advertisement shall be determined and selections be made in accordance with the instructions/orders issued from time to time by the Competent/Notified Authorities.
(5) RESERVATION BENEFITS
(i) Reservation benefits will be available to the SC/OBC/ Physically Handicapped/Ex Servicemen & other special category candidates in accordance with the instructions / orders / circulars, issued from time to time by the Competent/Notified Authorities. The reservation benefits for the vacancies shall be admissible as per judgment 04-08-2009 of Hon‟ble Supreme Court of India as passed in Civil Appeal No. 5092/09 (arising out of SLP Civil No.24327 of 2005)-Subhash Chander & Ors vs DSSSB and ors with WP(C) No 507 of 2006- Sarv Rural & Urban Welfare Society vs Union of India & Ors.
(ii) Candidates who wish to be considered against reserved vacancies and /or to seek age relaxation, must submit duly attested copies of relevant certificates issued by competent/ notified authority (in prescribed format) along with their application form, otherwise, their claim for SC/OBC/Physically Handicapped/Ex-Servicemen & other special category will not be entertained and their applications will be considered against Unreserved (UR) category vacancies if eligible otherwise.
(iii) The OBC candidates must submit duly filled prescribed Annexure I, along with his/her caste certificate. Xxx xxx xxx (7) DOCUMENTS TO BE ATTACHED WITH APPLICATION FORM
(a) All candidates must attach the following documents along with the Application Form:
(i) Indian Postal order for the requisite amount. (IPO of Rs. 100/-
for Group „B‟ post and Rs.50/- for Group „C‟ post).
(ii) One self addressed postcard bearing postal stamp of Rs.6/- is to be attached for issue of acknowledgment of the application form to the candidate. Candidate must write advertisement number, name of the post and post code number on the post card. An ID number will be issued by the board on this post card indicating the acknowledgement of the application form. Candidate may note that no separate acknowledgment other than this card will be sent to them.
(b) All candidates must attach attested photo copies duly attested by Gazetted Officer of the following documents along with the Application Form:
(i) Two recent passport size coloured photographs (front face) out of which one should be pasted (not stapled or tagged) on the space 19 OA No. 2053/2017 provided in the application form. The second copy of the same photograph should be attested by the Gazetted Officer and be attached carefully with the application form for the purpose of identification of the candidate at any stage of recruitment.
(ii) Matriculation/Secondary certificate or equivalent in support of their declaration of age.
(iii) Degree or Diploma or other certificates in support of claim of educational qualifications (copies of ALL THE YEARWISE MARKS- SHEET) from Matriculation onwards, experience, age-relaxation etc.
(iv) Community/Category Certificate/Physically Handicapped/ Ex-
Serviceman Certificate/ Government Employee Certificate (as mentioned at NOTE 1(iv) of Section-A) issued by notified/competent authorities, if benefit is claimed under any of the above categories.
Annexure I in case of OBC candidate that he/she does not belong to the creamy layer on the crucial date, in addition to the OBC community certificate.
(v) In case of Govt/departmental employee, an undertaking from the candidates indicating that they have informed in writing to their Head of Office/Department that they have applied for the Examination along with a copy of the application submitted to the Head of Office/Department. Application received after closing date even if forwarded by the department well in advance, will be summarily rejected.
(vi) Candidate claiming the reservation/relaxation under meritorious sports person in the field of Games/Sports recognised by the Government of India for such purpose provided they satisfy all other conditions prescribed by Government from time to time. The candidate should enclose the certificate(s) issued by the competent authority in the prescribed proforma by GOI.
(vii) In case of Widow, Death Certificate of her husband together with the affidavit that she has not remarried since.
(viii) In case of divorced women and women judicially separated from their husbands, a certified copy of the judgment/ decree of the appropriate Court to prove the fact of divorce or the judicial separation, as the case may be, with an affidavit in respect of divorced women that she have not remarried since.
(ix) In case of Ex-servicemen, they should submit certificate as per the prescribed Appendix 2 and Appendix 3 of reservation to Ex servicemen orders by GOI, regarding completion of prescribed period of appointment and prescribed undertaking respectively. NOTE :
(i) If the above documents are not submitted along with the application, his/her candidature for the concerned post will be cancelled. If at any stage of selection/recruitment process the application is found to be incomplete, or required documents are not attached, his/her candidature for concerned post will be cancelled.20 OA No. 2053/2017
(ii) Candidates are advised in their own interest to retain a photocopy of their application form for their record.
(iii) No documents will be accepted by the Board after submission of Application Form by the candidate and no subsequent request for its change will be considered or granted.
(8) INVALID APPLICATIONS The application form with any of the following deficiencies or irregularities will be treated as invalid and summarily rejected:
q. Without proper certificate, in case of SC/OBC/EXSM/PH/ other special categories candidates. Such Certificate not issued from the competent authority on proper format/proforma under his signature, name and designation of office seal.
r. Without attestation of Gazetted Officer on any of Xerox copy(ies) of certificate.
s. Without General Declaration by all candidates/Declaration by OBC candidate, if applicable.
v. Any other irregularity xxx xxx xxx (10) CANCELLATION OF CANDIDATURE
(i) The candidates applying for the posts should ensure that they fulfill all the eligibility conditions. Merely because a candidate has been allowed to appear at the examination will not be considered as a valid ground for his/her being eligible for the selection. If on verification at any time before or after the written examination or at any stage of recruitment process, it is found that they do not fulfill any of the eligibility conditions, his/her candidature for the post applied for, will be cancelled by the Board/Appointing Authority.
(ii) Candidates are cautioned that they should not furnish any incomplete or false information or indulge in impersonation or submit any document which is defective or fabricated or otherwise commit any act of misconduct in submitting the application forms or during the course of recruitment or fraudulently claim SC/ST/OBC etc. and other benefits. In case any such case is detected, the Board/Appointing Authority reserves its right to withdraw/cancel any selection and take legal action against the candidate concerned.
The candidate may be permanently or for a specified period debarred from taking part in the recruitments conducted by the Board.
(11) GENERAL INSTRUCTIONS FOR CANDIDATES
1. The vacancies advertised are provisional and liable to vary. In case the vacancy position is reduced to any number or even nil by the user department, Board is not liable to compensate the applicant for any consequential damage/ loss. More vacancies in equivalent/ comparable posts may also be filled through this advertisement.
21 OA No. 2053/2017
2. The Admit Card will be issued on the basis of information furnished by the candidate in his/her application form. The DSSSB is not verifying/scrutinizing application form initially but it is done at the final stage of selection, therefore mere appearance at the examination does not entitle him/her to any claim for the post. The candidature will be treated as debarred ab-initio in case he/she does not fulfill the eligibility criteria. Candidates should satisfy himself/herself before applying for the post and appearing in the examination regarding the ossession of the required qualifications, age and caste etc. as stipulated for the post to avoid future implications.
6. The Board reserves the right to reject the candidature of any ineligible candidate at any stage of recruitment. Xxx xxx xxx (13) DECISION OF THE BOARD IS FINAL The decision of the Delhi Subordinate Services Selection Board in all matters relating to eligibility, acceptance or rejection of the application, penalty for false information /misconduct, mode of selection, conduct of examination(s) and allotment of exam centers, selection and allotment of post/organizations to the selected candidates will be final and binding on the candidates and no enquiry/correspondence will be entertained in this regard." 5.4 It is also noticeable that applicant herself has placed on record respondent‟s notice dated 24.06.2016, which is reproduced herein below:
"GOVERNMENT OF NCT OF DELHI DELHI SUBORDINATE SERVICES SELECTION BOARD FC-18, INSTITUTIONAL AREA, KARKARD0OMA, DELHI-110092 No. F. 49/TGT (DS)/Int.Cell/DSSSB/2016-17/25 Dated: 24/6/16 NOTICE Kind Attention: Candidates for the post of Trained Graduate Teacher (Domestic Science) (Post Code 67/10) in Directorate of Education, GNCTD.22 OA No. 2053/2017
The DSSSB conducted one tier examination on 28/12/2014 for the post of Trained Graduate Teacher (Domestic Science) under post codes 67/10 in Directorate or Education, GNCTD. Candidates whose Roll Numbers are mentioned in Annexure 'A are hereby directed to appear for submission and checking of documents on 11/07/2016 at 10.30 A.M, They are advised to bring all the original documents and one set of self attested photocopies of Educational/Professional Certificates/Degree and yearwise/semester wise Mark sheets/Disability Certificate/Caste Certificate/Proof of Govt. Servant/Ex. Servicemen, Admit Cards, Application I.D. along with two Passport Size Colored photographs.
The cut off date for deciding eligibility of candidates regarding age, educational qualification etc. for post codes 67/10 is 30/07/2010.
The category wise cut off marks for calling the candidates for checking of documents are as under:
Sl. No. Category Cut off marks 1. UR Category 86.00 marks 2. OBC Category 75.25 marks 3. SC Category 67.00 marks
Note:-Any candidate having marks, more than cut-off marks in the relevant category and whose name has not appeared in the list i.e. Annexure 'A" may also appear for submission and checking of documents on the scheduled date along with documentary proof of having applied under the relevant post code and a copy of mark list showing his/her marks.
Note: OBC (outsider) candidates have been treated as UR candidates.
Mere calling the candidates for collection of documents does not entitle them for selection to the post. It is also classified that the candidates who fail to appear and submit their documents on the scheduled date will not be given any further opportunity and their candidature will be treated as cancelled.
Encl. Annexure 'A' No. F. 49/TGT (DS]/Int.Cell/DSSSB/2016-17/1258 Dy.Secretary-ÐSSSB Copy to:- Dated: 24/6/16
1. PA to Chairman."23 OA No. 2053/2017
6. In the present case, it is not disputed that at the time of submission of the application by the applicant, she had submitted "Backward Class Certificate", which was issued by Tehsildar, Rohtak, Haryana dated 26.06.2003 declaring that she was resident of Village Rohtak, Tehsil Rohtak, District Rohtak, Haryana State.
7. It is not in dispute that the applicant had consciously filed the application form. The applicants after going through the detailed advertisement for Section „B‟ Scheme of Examination; for Section „C‟ General instructions & procedure for submission of application form and for Section „D‟ Prescribed Application form.
8. There is no dispute regarding stipluation(s) in the Advertisement, which have not been refuted nor challenged till date by the applicant is so far issue of her claim to OBC is concerned. Nor there is challenge to respondent‟s notice dated 24.06.2016 in present OA.
9. The citations relied by the learned counsel for the applicant does help and support to facts narrated and setup her.
10. In the present case, it is admitted and undisputed by the applicant that she married on 31.01.2008 and started residing at Delhi with her husband Shri Mukesh Kumar, who is stated to be an OBC himself. It was incumbent upon the 24 OA No. 2053/2017 applicant to have obtained an OBC certificate on the basis of Other Backward category of her husband, immediately, after marriage. However, the applicant chose to rely upon caste certificate of her father who was resident of Rohtak, Haryana. The subsequent Caste Certificate dated 24.3.2015 issued by Competent Authority, Delhi based upon the Certificate issued in favor of her father by Haryana Authorities and not her husband with whom she was now residing after marriage. Even till date of written examination 28.11.2014 she was not possessing required OBC Certificate from Competent Authority, Delhi. No explanation is coming forward as to why she did not seek to submit the OBC Certificate prior to her submission of application form on basis of her husband being OBC himself. There is nothing on record to show that the applicant has been discriminated qua the similarly situated, who have been given the offer of appointment.
11. Having gone through the above factual matrix which are quite identical to decision rendered by the Hon‟ble Apex Court in Ravindra Singh (supra), wherein it was observed and held as under:-
"3. Applications were invited for the post of Sub-Officer in Delhi Fire Service - Group `C' post. The age prescribed for the post of Sub-Officer was not exceeding 27 years (relaxable in upper age limit for SC/ST - 5 years). The candidates belonging to OBC were entitled to three years age relaxation. The respondent herein applied for the 25 OA No. 2053/2017 said post, however, he was not given the age relaxation of three years. Therefore, the respondent approached the Tribunal. It was the case of the respondent/original applicant that though he was found to be more meritorious than the last candidate selected from the OBC category, he has not been appointed. The learned Tribunal dismissed the application. However, by the impugned judgment and order the High Court has allowed the writ petition by observing that in the advertisement, there was no mention of age relaxation with respect to OBC candidates. The High Court observed that the respondent, who belong to OBC ought to have been given the benefit of three years age relaxation. A review application was filed pointing out that as the respondent belong to outside OBC candidate and, therefore, as per the advertisement, he was not entitled to three years age relaxation. The High Court has rejected the review application observing that such a plea was not taken up earlier.
4. Having gone through the impugned Judgment and orders passed by the High Court and even having gone through the advertisement issued in the year 2009 which fell for consideration before the High Court, it was specifically mentioned that a candidate belonging to OBC is entitled to three years age relaxation. In the note, it is also specifically provided that "OBC candidates seeking benefit of reservation should submit OBC Certificateissued by the Competent Authority of Government of NCT of Delhi. All other OBC candidates with certificate issued from outside Delhi will be considered for the unreserved category only, if eligible otherwise". Therefore, OBC candidates belonging to outside the Government of NCT of Delhi were considered in the unreserved category.
5. In that view of the matter, the respondent being OBC outside the Government of NCT of Delhi and as the condition mentioned in the advertisement was not under challenge, the respondent was not entitled to the benefit of three years age relaxation and his case was to be considered in the unreserved category. Thereafter, when he was found to be over-age, it cannot be said he was wrongly denied the appointment. When it was pointed out by way of review application, the High Court has refused to consider the review application. The High Court ought to have considered the aforesaid aspect which goes to the root of the matter.
6. In view of the above and for the reasons stated hereinabove, both the appeals succeed. The impugned judgment and order passed by the High Court in the Writ Petition as well as in the Review Application are hereby quashed and set aside. "26 OA No. 2053/2017
12. Conclusion:
In view of the above analysis and discussion, the present OA is liable to be rejected being devoid of merit. Hence, it is dismissed, with no order as to costs.
(Manish Garg) (Anand Mathur) Member (J) Member (A) /sd/