Delhi High Court
Mohammad Inamul Haq vs The University Of Delhi & Ors on 22 July, 2025
Author: Navin Chawla
Bench: Navin Chawla
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 22.07.2025
+ LPA 762/2024 & CM APPL. 45100/2024, CM APPL.
45101/2024
MOHAMMAD INAMUL HAQ
.....Appellant
Through: Mr.V K Mishra, Ms.Dipti
Mishra, Advs
versus
THE UNIVERSITY OF DELHI & ORS.
.....Respondents
Through: Mr.Girindra Kumar Pathak,
Adv for R-2
Mr.Anuray Atulya, Adv for
R-3
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE RENU BHATNAGAR
NAVIN CHAWLA, J. (ORAL)
1. This appeal has been filed challenging the Judgment dated
21.05.2024 passed by the learned Single Judge of this Court in
W.P.(C) 5034/2024, titled Mohammad Inamul Haq v. University of
Delhi & Ors., dismissing the Writ Petition filed by the appellant
herein, along with costs of Rs.15,000/-, to be paid by the petitioner to
the Delhi High Court Legal Services Authority.
2. The appellant, by way of the above Writ Petition, had
challenged the recruitment notification dated 06.03.2023 issued by the
respondent no.2, appointing the respondent no.3 to the post of
Assistant Professor for Philosophy in the respondent no.2 college. The
appellant claims that the respondent no.3 has wrongly been granted
the benefit of being an OBC candidate.
3. The learned counsel for the appellant submits that in terms of
Entry 83 of the Central List of OBC for the State of Bihar, only the
sub-category of 'Sinduria-Bania' is recognized as an OBC. He
submits that the respondent no.3 earlier had a certificate which only
stated that she belongs to the 'Bania' community; and later, she
obtained a certificate, which stated that she belongs to the Bania-Modi
community. He submits that, therefore, the respondent no.3 does not
fall within Clause 83 of the Central List of OBC for the State of Bihar
and had wrongly been issued the certificate for the same.
4. We have considered the submissions by the learned counsel for
the appellant, however, we find no merit in the said contentions.
5. As has been noted by the learned Single Judge in the Impugned
Judgment, in the presence of the certificate issued by the State of
Bihar certifying that the respondent no.3 belongs to the OBC category
at serial no. 83 of the Central List of OBC for the State of Bihar, and
there being no challenge to the said certificate, no fault could have
been found with the respondent no.2 in relying upon the same and
granting employment to the respondent no.3 on the basis thereof,
extending her the benefit of being an OBC candidate.
6. The appellant has also placed reliance on the Judgment dated
30.01.2018 of the High Court of Judicature at Patna in Civil Writ
Jurisdiction Case No. 4133/2016, titled Deepti Barnwal v. The State
of Bihar & Ors. However, we find that the said judgment will not be
applicable to the facts of the present case, as in the said case, the High
Court was considering whether the Barnwal community would fall
within Clause 83 of the Central List of OBC candidates. The
respondent no.3 is not claiming herself to be belonging to the Barnwal
community and, therefore, the judgment will have no application.
7. In view of the above, we find no merit in the present appeal.
The same is dismissed. However, the cost imposed by the learned
Single Judge is set aside.
NAVIN CHAWLA, J
RENU BHATNAGAR, J
JULY 22, 2025/rv/VS
