OBC Certificate Meant for Central Govt Jobs Can’t Be Used for Delhi Govt Posts: Delhi HC

The Delhi High Court has recently held that an Other Backward Caste (OBC) certificate issued expressly for applying to posts under the Government of India cannot be used to claim reservations for Delhi government jobs.

In doing so, a Division Bench comprising Justices C. Hari Shankar and Ajay Digpaul allowed a plea filed by the Delhi Government as well as the Delhi Subordinate Services Selection Board (DSSSB), which had challenged an order passed by the Central Administrative Tribunal (CAT) granting relief to Jyoti, an OBC candidate in connection with a DSSSB job.

The case arose after respondent Jyoti, belonging to the Nai community, applied for posts under the Department of Health and Family Welfare and the Services Department, GNCTD, based on an advertisement.

Jyoti had cleared the DSSSB’s Tier I and Tier II, which had 101 seats reserved for OBC candidates. However, her name was excluded from the final selection list. The supplementary result notice dated 29 April 2022 revealed that her candidature had been rejected based on her OBC certificate, on the ground that the community she belonged to was recognised as an OBC in the State of UP, not in Delhi.

The rejection was mainly on the ground that the certificate furnished by Jyoti was not in accordance with the requirements contained in the Vacancy Notice.

Aggrieved by this, Jyoti approached the Central Administrative Tribunal (CAT). While relying on the judgment of the Coordinate Bench of this Court in Rishabh Malik, the CAT quashed the result notice and directed that Jyoti be appointed.

However, the High Court distinguished Jyoti's case from that of Rishabh Malik, highlighting that the OBC certificate furnished by Malik expressly recorded that the Jat community had "been recognised as a Backward Class by the GNCTD vide its notification dated 20 January 1995." No such recognition was reflected in Jyoti's certificate.

“As the OBC certificate dated 2 January 2013, though issued to the respondent by the Revenue Authority in the GNCTD, has not been issued on the basis of an OBC certificate issued to any member of her family by the GNCTD, but on the basis of an OBC certificate issued to her father by the Revenue Authority in the State of UP, the OBC certificate does not conform to Clause 5 of the Vacancy Notice,” the Court said.

"The OBC certificate dated 12 July 2017 can be of no avail to the respondent, as it is expressly issued only “for applying for appointment to posts under the Government of India,” the Court added while concluding the matter.

Accordingly, the present writ petition was allowed.

Case Title: GOVT OF NCT OF DELHI AND ORS VERSUS NISHA

Read the judgement here: