Delhi High Court
Ms. Babita Kadian vs Union Of India And Ors. on 16 December, 2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8366/2014
MS. BABITA KADIAN ..... Petitioner
Through Mr. A.K. Trivedi, Advocate
versus
UNION OF INDIA AND ORS. ..... Respondents
Through Mr. Rajan Sabharwal & Mr.
Raghav Sabharwal, Advocates
CORAM:
HON'BLE MR. JUSTICE KAILASH GAMBHIR
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 16.12.2014
KAILASH GAMBHIR, J. (ORAL)
By this petition filed under Article 226 of the Constitution of India,
the petitioner seeks a writ of mandamus to the respondents for
considering her candidature for appointment to the post of Constable
(RPF) 2011, against the OBC category alongwith all the consequential
benefits accruing therefrom.
In brief, the facts of the case are that the petitioner belongs to the
OBC category. She had applied for the post of Constable (Female)/RPF
against OBC category in Railway Protection Force- 2011, pursuant to the
advertisement published in the Employment News vide Employment
Notice No. 01/2011.
The petitioner had appeared in the Written Examination as well as
the Physical Efficiency Test (in short 'PET'), on 17.06.2013 and 15.03.14
respectively and was declared successful in both. Subsequently, she was
issued a call letter for Viva- Voce and verification of documents.
The learned counsel for the petitioner submits that the petitioner
appeared for her viva-voce and documents verification on 30/06/2014 in
the office of Commandant, RPF Line, Dayabasti, Delhi. He further
submits that the petitioner belonging to the JAT community had
submitted an OBC certificate dated 14.12.2009 alongwith her application
form, which is recognized as a backward class under the Government of
NCT of Delhi. He contends that when the petitioner appeared for
verification of documents, it was made known by the respondents to her
that she was required to submit the OBC certificate issued by the
Government of India. He further submits that the petitioner was not aware
that two kinds of OBC certificates were being issued and that she was to
submit the OBC certificate issued by the Government of India.
The learned counsel for the petitioner further submits that the
petitioner was called for medical examination on 03.07.2014 at the
Railway Hospital, Firozpur (Punjab), wherein she was declared to be
medically fit; thereafter she obtained the OBC certificate dated
03.07.2014 which is applicable for appointments under the Government
of India and submitted it to office of IG, RPF, Northern Railway HQs,
Baroda House, New Delhi on 04.07.2014; that the final select list of
candidates was declared on 17.09.2014, but to the utter surprise of the
petitioner, her name was not there in the list; that the petitioner moved an
RTI application dated 18.09.2014, seeking information as to why she was
not considered for the said post, but her request evinced no response. On
the basis of the above submissions, the learned counsel for the petitioner
urges that the petitioner is being denied appointment to the said post only
because she did not submit the OBC certificate in the particular format as
issued by the Government of India, although, she otherwise qualified all
the requisite tests and falls under the OBC category.
In reply, the learned counsel for the respondents submits that
pursuant to Employment Notice No. 01/2011 dated 23.02.2011, the last
date for receipt of the application was 30 days from the date the said
notice was published in the Employment News. He further contends that
it was clearly stipulated in the notice that all the applications needed to be
accompanied by a copy of self attested OBC Community Certificate in
the prescribed format given at Annexure 'C' (Form of Certificate to be
Produced by the Other Backward Classes (OBC) Applying for
Appointment to Posts Under the Government of India), wherever
applicable and that it was also clearly mentioned in the said notice that
applications may be rejected on the ground of non enclosure of a copy of
the OBC certificate in the prescribed format. He then avers that since the
petitioner did not submit the necessary certificate in the prescribed format
before the closing date as stipulated in the Employment Notice, therefore,
she was rightly not selected for appointment to the said post.
We have heard the learned counsel for the parties and given our
thoughtful consideration to the arguments advanced by them.
We feel anguished to know that the petitioner has not been
considered for appointment to the post of Constable (Female) in the RPF
against the OBC category, only on the ground that she did not submit a
particular OBC certificate despite her having qualified the Written
Examination, PET, Viva-Voce and also after being declared to be
medically fit.
Indisputably, candidates who seek appointment to a particular post,
pursuant to any advertisement, need to meticulously go through the
instructions, but where there is any insignificant lapse on part of the
candidate and the same is rectified during the selection process itself, then
ordinarily, one should not be denied appointment only on this score. In
the present case, there was an inconsequential lapse on part of the
petitioner, wherein she did not submit the requisite OBC certificate issued
by the Government of India, this lapse she duly rectified, well before the
final select list was declared i.e. on 17.09.2014. However, on the date the
result was declared, the petitioner was dismayed to see that her name did
not feature in the select list of female candidates.
The petitioner has proven to be meritorious enough to the CRPF;
she would have dreams aplenty and having qualified all her examinations
with flying colours, she had a legitimate expectation of her name
featuring in the final list. A sociologist has poignantly observed1: "Of all
the aspects of social misery nothing is so heartbreaking as
unemployment." In a country like India, where employment opportunities
are few and far between, it is very rare that opportunity knocks one's door
in the form of a 'dream-job'.
Our observation would neither suggest nor imply that the
respondents should not adhere to the instructions or guidelines
incorporated in the advertisement but certainly, where there is room for
taking a liberal approach, like in the present case, where the petitioner
had submitted the OBC certificate recognized by the GNCTD alongwith
the application form, and when she got to know during the viva-voce and
verification of documents that she ought to submit an OBC certificate
issued by the Government of India, she duly submitted it well before the
final select list was declared. Her conduct clearly shows that she had no
Jane Addams
malafide intention to hide any information and in any case was otherwise
eligible to be employed in the OBC category.
It is a settled legal position that a candidate becomes eligible under
the OBC category, the day the caste he/she belongs to is notified by the
appropriate authority as a backward class (Ref: DSSSB and Anr. v. Ms.
Anu Devi & Anr. , W.P.(C) 13870/2009, decided on 17.02.2010) and as
noticed in the case of Hari Singh v. Staff Selection Commission, 170
(2010) DLT 262 and Ms. Anu Devi (supra), the certificate is only an
evidence of what always existed, i.e. the status of the candidates as
belonging to the OBC category who are not from the creamy layer.
In the present case, the petitioner belonged to the JAT community,
which is recognised as a backward class under GNCTD Notification
No.F.28 (93)/91-92/SC/STP&S/4384 dated 20/1/95, published in the
Gazette of Delhi Extraordinary Part- IV dated 20/1/95.
In the above circumstances, the present writ petition is allowed.
The respondents are directed to proceed with the appointment of the
petitioner to the post of Constable (RPF) by including her name in the
final select list, subject to her fulfilling all other eligibility conditions.
The petitioner would also be entitled to all consequential benefits but as
to salary, only from the date she is appointed.
The present petition and all the pending applications are disposed
off in the above terms.
KAILASH GAMBHIR, J.
NAJMI WAZIRI, J.
DECEMBER 16, 2014
v
