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Synopsis

A Bench of  CJI U.U. Lalit, Justice Ravindra Bhat, and Justice J.B. Pardiwala, disposed of an appeal considering the appellant was never appointed to the post in question, and the time that has gone by. Therefore, denied to given any substantial relief.

The appellant earlier had approached the Supreme Court through an SLP, where Justice Mohan M Shantanagoudar, referred this matter to a three Judge Bench. The Court then had opined,

"In view of the acute problem of unemployment, whenever few vacancies are notified by any public authority, it is common that thousands of applicants apply for such posts. If the applicants are permitted to rectify applications after cut-off dates, the same would render the scrutiny process indefinite. In the course of such recruitment process, many persons, though they belong to the OBC category or SC/ST category, might not have obtained the required caste certificate before the cut-off date. Such persons, being law abiding and being conscious of the bar contained in the notification of the cut-off date, might not have applied seeking employment. In case the authority starts accepting caste certificates subsequent to the prescribed cut-off dates whenever a candidate approaches the authority, the remaining candidates who had not applied would definitely be affected. If the applicants are allowed to submit certificates in proof of their claim of reservation subsequent to the notified cut-off date, it would create administrative chaos".

The case that was referred to in the matter was Ram Kumar Gijroya vs. Delhi Subordinate Services Selection Board & Another, (2016) 4 SCC 754. The case had similar factual matrix, where the Court decided in favour of the petitioner (candidate). 

The three-judge bench therefore was of the opinion that, although the referred case had an absolute relevance with respect to the present case, but it was also of the opinion that as a result of cancellation of the candidature, the appellant was never appointed to the post in question. Therefore, considering the time that has gone by and the improbability of granting any substantial relief to the appellant was noted. 

Background:

In the pertinent matter, Delhi Subordinate Services Board issued an advertisement inviting applications for recruitment to the vacant posts in the Subordinate Services. The appellant in pursuant to the vacancy, offered his candidature as a person belonging to Other Backward Class, for the posts of “A” Grade Staff Nurse, Municipal Corporation of Delhi. However, his candidature was rejected by the Authorities on the ground that the caste certificate was not filed before the cut-off date. Therefore, since the appellant did not submit the required certificate from the competent authority before the cut-off date, he was not treated as an OBC candidate. Hence, the petitioner was not issued an appointment letter, though he secured marks above the cut-off point in the OBC category.

Case Title: Karn Singh Yadav vs. Govt. of NCT of Delhi & Ors