Central Administrative Tribunal - Chandigarh
Ghamshyam Nath Yogi S/O Durga Shankar ... vs Union Territory Chandigarh Through ... on 14 March, 2017
CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH CHANDIGARH O.A. No.060/00663/2015 Decided on: 14.03.2017 Coram: HONBLE MR. JUSTICE M.S. SULLAR, MEMBER (J) HONBLE MRS. RAJWANT SANDHU, MEMBER (A) Ghamshyam Nath Yogi S/o Durga Shankar Yogi resident of House No. 555 Hanuman Colony, Fatehpura, Udaipur, Rajasthan (Registration NO. 40601788) .Applicant Argued by: Mr. Ramesh Sindhar, Advocate Versus
1. Union Territory Chandigarh through Secretary, Education Department, Sector 9, Chandigarh.
2. Director Public Instructions (S), Chandigarh Administration, Sector 9, Chandigarh.
..Respondents Argued by: Mr. Arvind Moudgil, Advocate Order(Oral) BY HONBLE MR. JUSTICE M.S. SULLAR, MEMBER (J)
1. Applicant Ghamshyam Nath Yogi s/o Durga Shankar Yogi, has preferred the instant Original Application (O.A.) claiming, inter-alia, the following reliefs:-
(a) That the respondents be directed to consider the candidature of the applicant under the OBC category instead of general category for the post of TGT Fine Arts advertised, vide advertisement 2014.
(b) That the respondents be directed to select and appoint the applicant on the post of TGT Fine Arts under the OBC category having secured 126 marks in the written test, which is more than the marks secured by the selected candidates with 124, 123, 121, 118, 117 and 116 marks in the written test.
2. Tersely, the facts and material, which needs a necessary mention for the limited purpose of deciding the core controversy involved in the instant O.A., and exposited from the record is that, the Education Department, Chandigarh Administration, advertised 548 posts of Master/Mistress Trained Graduate Teacher(TGT) for the subjects of Science (non-medical), Science (Medical), Social Studies, Mathematics, Music, fine Arts, English, Hindi, Punjabi, Sanskrit, DPE and Home Science, on regular basis in the pay-sclae of Rs.10,300-34800 + Grade pay of Rs.5,000/- (with initial start of Rs.18,450/-) + allowances sanctioned by the Chandigarh Administration from time to time, vide advertisement, 2014 (Annexure A-1). As per the advertisement, out of total 82 posts in the subject of Fine Arts, 27 posts were to be filed from the reserved category of Other Backward Class (OBC). The applicant, claiming himself to be eligible, applied for the post of TGT Fine Arts, under the OBC category vide his application (Annexure A-2), and was allotted registration No. 40601788 and password 7BB712F7E4 by the respondents.
3. As a consequence thereof, admit card and roll no. (Annexures A-3 and A-4) were issued to the applicant. He appeared in the written test for Paper I and Paper II. It was pleaded that the applicant is having OBC certificate dated 04.06.2015 (Annexure A-5) for the post under the Central Government. As per the certificate, he belongs to Nath community which is a recognized as a backward class under the Government of India, Ministry of Social Justice and Employments, Resolution No. 1201/9/94-BCC dated 19.10.1994. As per the Central list of OBCs for the U.T. of Chandigarh, the caste Nath is at Entry No. 30 with resolution dated 11.12.1997(Annexure A-6).
4. After successfully completing the recruitment process, the applicant appeared for checking/verification of documents on 10.06.2015 and 11.06.2015. While checking the original documents, certain discrepancies had been pointed out by the Checking Committee and some candidates were advised to submit additional details with regard to the eligibility. In the discrepancy list dated 17.06.2015 (Annexure A-7), the applicant was directed to produce the Bachelor in Fine Arts (BFA) degree certificate.
5. According to the applicant, the respondents again uploaded the eligibility status list dated 28.07.2015 (Annexure A-8) on the website and this time in the remarks column, the applicant was asked to (1) submit his BFA degree, (2) Nath caste category changed from OBC to General and (3) marks of written test below cut off, not included in the 1st round. However, in the column of status, it was written as Eligible. As per the eligibility status list (Annexure A-8), the OBC category of Nath caste was stated to have been illegally changed to General category, and the applicant was not selected to the post of TGT Fine Arts due to change of his category from OBC to General.
6. Aggrieved thereby, the applicant has preferred the instant O.A. challenging the pointed action of the respondents and claiming his appointment on the post of Master (TGT) in Fine Arts under the OBC category, on the following grounds:-
(i) That the applicant has filled the application form online for the post of TGT Fine Arts under the OBC category as against the column of category the applicant has mentioned OBC. So when the application form is filled under the OBC category then the change of category of the applicant from OBC to General by the respondents is wrong, illegal and arbitrary and thus liable to be set aside.
(ii) That the applicant has duly produced the other backward class certificate dated 04.06.2015 to show that the applicant belongs to Nath community which is recognized as backward class under the Government of India, Ministry of Social Justice and Employments, dated 19.10.1994 (Annexure A-5). So when the authentic proof of category has been produced before the respondents then the change of category from the OBC to General category by the respondents is wrong and illegal.
(iii) That as per the Central list of OBCs for the U.T. of Chandigarh, the caste Nath is at Entry No. 30 with resolution No. 12011/99/94-BCC dated 11.12.1997. This clearly shows that the category to which the petitioner belongs is OBC.
(iv) That the applicant has secured 126 marks in the written examination, however the candidates with less than 126 marks in the written examination have been shown as selected candidate in the merits list for selection to the posts of TGT Fine Arts OBC category. The last selected candidate in the merit list, is Mamta Marshal d/o Awadh Lal Singh having 116 marks under the OBC category. Similarly, Vasim Ahmed S/o Nasibu Deen is having 117 marks and Rajbir Singh s/o Amrik Singh is having 118 marks. The name of the applicant does not figure in the merit list of the OBC category as the category has wrongly been changed from OBC to General category and hence the applicant is entitled for selection for the post TGT Fine Arts under the OBC category as candidate lower in merit have been selected.
7. Levelling a variety of allegations and narrating the sequence of events, in detail, in all, the applicant claims that he applied for the post of Master (TGT) in Fine Arts under OBC category in pursuance of advertisement (Annexure A-1), successfully completed the recruitment process and was, therefore, entitled to be selected on the post, but his category was illegally changed from OBC to General to oust him by the respondents. On the strength of the aforesaid grounds, the applicant seeks his appointment on the indicated post, in the manner indicated hereinabove.
8. Sequelly, the respondents have refuted the claim of the applicant and filed reply wherein it was pleaded that under OBC category, candidates of those castes will be given benefits which are included in the Central list and Union Territory, Chandigarh list. The instructions dated 23.12.2003 (Annexure R-1) issued by the Department of Personnel, Chandigarh Administration provide that for recruitment to the post under the Chandigarh Administration, the Scheduled Caste from all over India would be eligible for benefit of reservation on the pattern of Central Government. In the case of Scheduled Tribes, the Union Public Service Commission which makes recruitment on all India basis, would provide for reservation as prescribed by the Central Government. So far as the OBCs are concerned, the benefit of reservation to this category would be extended on the pattern of the Central Government, wherein the OBC would have to be as is included in the Central List and the Union Territory, Chandigarh list.
9. The case set up by the respondents, in brief, insofar as relevant is that, the candidates belonging to Nath caste which figures at Sr. No. 30 of the Central list for UT Chandigarh but does not exactly match with the caste Jogi Nath figuring at Sr. No. 40 of the Chandigarh list of OBCs. Since the caste Nath does not figure in both the lists, the category of the applicant was liable to be changed from OBC to General category by rule. The cut-off score for general category for selection of TGT Fine Arts is 138 marks whereas the applicant scored only 126 marks. Due to this reason the name of the applicant was not included in the selection list under General Category, although he is eligible under the OBC category. It was further pleaded that now the Chandigarh Administration vide notification dated 26.03.2015 has amended the OBC list by including synonymous caste Jogi, Nath, however, the eligibility of candidates was to be checked with reference to notification available with the Chandigarh Administration as on the relevant last date. Therefore, as on the last relevant date i.e. 02.12.2014 for submission of the applications, the caste of Jogi, Nath was not included in the OBC list of Union Territory Chandigarh, so the applicant was not entitled to be selected in the OBC category, as per Memo dated 27.05.2015 (Annexure R-2).
10. It will not be out of place to mention here that instead of reproducing the entire contents of the reply and in order to avoid the repetition of facts, suffice it to say that virtually acknowledging the factual matrix and reiterating the validity of their action, the respondents have stoutly denied all other allegations and grounds contained in the O.A. and prayed for its dismissal.
11. Having heard learned counsel for the parties, having gone through the record with their valuable help, and after considering the entire matter, we are of the firm view that the instant O.A. deserves to be allowed in the manner and for the reasons mentioned herein below.
12. Ex-facie the main argument of learned counsel for the respondents that as per caste certificate (Annexure A-5), the applicant belongs to 22 Nath community which has been included only in the central list of OBC for the UT Chandigarh (Annexure A-6) as Jogi, Nath at Sr. No. 30 as per resolution dated 11.12.1997 and since only Jogi Nath has been mentioned at Sr. No. 40 of list of OBC issued by the Chandigarh Administration (Annexure R-1), so the applicant is not entitled to be appointed under OBC category, is not only devoid of merit but misplaced as well.
13. As is evident from the record, in pursuance of the advertisement (Annexure A-1), the applicant applied for the post of Master (TGT) Fine Arts under the OBC category, as per his application form, admit card and roll no. (Annexures A-2, A-3 & A-4 respectively). He successfully completed recruitment process, secured 126 marks, under OBC category. As per discrepancy list (Annexure A-7), the applicant was only asked to provide his BFA degree certificate. Sequelly, as per eligibility status (Annexure A-8), although the applicant was asked to produce his BFA degree certificate but his category from OBC was abruptly changed to General category. It is not a matter of dispute that the applicant has secured 126 marks in written examination and his name was included in the list for selection to the post of Master (TGT) Fine Arts under OBC category. Even he secured more marks than the last three selected candidates under the OBC category namely Mamta Marshal d/o Awadh Lal Singh having 116 marks, Vasim Ahmed s/o Nasibu Deen having 117 marks and Rajbir Singh s/o Amrik Singh having 118 marks, but he was not included in the merit list on account of change of his category from OBC to General category.
14. Thus, it would be seen that the facts of this case are neither intricate nor much disputed and fall within a very narrow compass for deciding the real controversy between the parties. Such being the position on record, now the short and significant question that arises for our consideration in this case is as to whether the case of the applicant falls under the OBC category in the given facts and circumstances or not ?
15. Having regard to the rival contentions of learned counsel for the parties, to our mind the answer must, obviously, be in the affirmative, in this regard.
16. As indicated hereinabove, the applicant has applied for the post of Master (TGT) Fine Arts under the OBC category, vide his application (Annexure A-2). Exhibit (Annexure A-5) is the caste/OBC category certificate issued by the competent authority of Rajasthan which posits that Ghanshyam Nath s/o Durga Nath r/o Village/Town 555 Hanuman Colony Fatehpura Udaipur, (Rajasthan) belongs to 22 Nath community which is recognized as a Backward class under the Government of India, Ministry of Social Justice and Empowerments Resolution No. 12011/9/94-BCC dt. 19/10/1994 and he does not belong to the persons/sections (creamy layer) mentioned in Column 3 of the Schedule to the Government of India, Department of Personal & Training O.M. No. 36012/22/93-Estt. (SCT) dated 08.09.1993. As per the central list of OBC for the Union Territory Chandigarh (Annexure A-6), Jogi, Nath is described as OBC category at Sr. No. 30. Not only that, instructions dated 23.12.2013 (Annexure R-1) and clarification dated 27.05.2015 (Annexure R-2) postulate that the benefit of reservation of OBC category would be extended on the pattern of the Central Government, wherein the OBC would have to be as is included in the Central List and the Union Territory, Chandigarh List. By virtue of notification dated 27.06.1995 (Annexure R-1 colly), in pursuance of Govt. of India, Ministry of Personnel, Public Grievances, Pensions (Department of Personnel & Training) letter dated 08.09.1993 read with Chandigarh Administration, Finance Department notification dated 31.05.1993, the Administrator, Union Territory Chandigarh issued a list of Other Backward Classes in the UT Chandigarh for the purpose of reservation of vacancies in Civil posts and services in the Chandigarh Administration and in that list caste/community Jogi Nath was added at Sr. No. 40. Not only that, the matter was further clarified vide notification dated 26.03.2015 that the caste Jogi, Nath duly falls in its list of OBC category.
17. Meaning thereby, it stands proved on record that the caste Jogi, Nath was very much included in both the lists i.e. central list of OBC for UT Chandigarh (Annexure A-6) and UT Chandigarhs list of OBC (Annexure R-1 colly). Thus, the case of the applicant squarely falls in the category of OBC as per certificate (Annexure A-5) and notifications (Annexure A-6 and Annexure R-1 colly). In that eventuality, the abrupt change in the category of the applicant from OBC to the general, by the respondents is not only arbitrary but illegal as well and cannot legally be sustained.
18. Therefore, it is held that the applicant has duly applied for the post of Master (TGT) fine Arts under OBC category, successfully completed the recruitment process and, hence, is entitled to be selected to the indicated post as per his merit position under the OBC category itself, in the obtaining circumstances of the case. The respondents have no jurisdiction to abruptly change his category from OBC to general, particularly when Jogi Nath community is duly entered in the Central list of OBC for UT Chandigarh (Annexure A-6) and in the OBC list of U.T. Chandigarh (Annexure R-1 colly).
19. In the light of the aforesaid reasons, the instant O.A. is accepted. The respondents are directed to appoint the applicant on the post of Master (TGT) Fine Arts under the OBC category at appropriate place of his merit. However, the parties are left to bear their own costs.
(RAJWANT SANDHU) (JUSTICE M.S. SULLAR)
MEMBER (A) MEMBER (J)
14.03.2017
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