Shashi vs Delhi Subordinate Service Selection Board And Ors
- Court
- Delhi High Court
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 10 April 2026
Pronounced on: 03 July 2026
+ W.P.(C) 15195/2022
SHASHI .....Petitioner
Through: Mr. Anuj Aggarwal, Mr. Nikhil
Pawar, Ms. Tanya Rose, Ms. Kritika Matta,
Mr. Pradeep Kumar, Mr. Shubham Bahl and
Ms. Bhumica Kundra, Advs.
versus
DELHI SUBORDINATE SERVICE
SELECTION BOARD AND ORS .....Respondents
Through: Mrs. Avnish Ahlawat, SC with
Mr. Uday Singh Ahlawat, Mrs. Tania
Ahlawat and Mr. Nitesh Kumar Singh,
Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
JUDGMENT
% 03.07.2026
C. HARI SHANKAR, J.
1. The petitioner applied, as a candidate belonging to the Other
1
Backward Classes for recruitment as Special Educator, following an
2
Advertisement 04/20 issued by the Directorate of Education ,
Government of National Capital Territory of Delhi. Insofar as OBC
candidates were concerned, the Advertisement provided as under:
1
"OBC" hereinafter
2
"DoE" hereinafter
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KUMAR
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“5. RESERVATION BENEFITS:
(i) Reservation benefits will be available to the
EWS/SC/ST/OBC/PWD & other special category candidates in
accordance with the instructions/orders/circulars issued from time
to time by the Govt. of Delhi.
(ii) Candidates who wish to be considered against reserved
vacancies and/or to seek age relaxation, must be in possession of
relevant certificates (EWS/SC/ST/OBC/Non Creamy layer/PwD/
Educational/Experience etc.) issued by the competent/notified
authority (in prescribed format) on or before the cutoff date
(closing date of advertisement) otherwise their claim for any
category will not be entertained and their applications will be
considered against Un-reserved (UR) category vacancies, if
eligible otherwise. The candidate has to select that particular
category when applying online for the Post. No request for change
of Category will be entertained at any later stage.
(iii) Only OBC (Delhi) candidates notified by Govt. of NCT of
Delhi vide letter/order No. F.19(10)/2001/S-III/Pt.File/2278-2285
dated 27/07/2007 and No. F.19(01)/2012/S.IV/1241-1258 dated
28/07/2016 will be given the benefit of reservation/age relaxation
under UBC category. UDC (Outside) candidates will be treated as
un-reserved candidate and they must apply under UR category. The
OBC candidates must be in possession of non-Creamy layer
certificate, along with his/her caste certificate.
(iv) Only following two types of certificates will be accepted as
valid certificates for grant of benefit of reservation to OBCS:-
(A) OBC certificate (Delhi) issued by the Revenue
Department of GNCT of Delhi, on the basis of a old
certificate issued to any member of individual's family from
GNCT of Delhi.
(B) OBC certificate issued by a competent authority
outside Delhi to a person belonging to a community duly
notified as OBC by GNCT of Delhi. This certificate should
have mandatorily been issued on the basis of OBC
certificate issued by Govt. of NCT of Delhi to a family
member of the concerned person who had been residing in
Delhi before 08/09/1993.”
2. Despite having cleared the selection process till the stage of
document verification, the petitioner’s candidature was rejected by the
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KUMAR
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3
Delhi Subordinate Services Selection Board , which conducted the
Examination, vide Rejection Notice No. 881 dated 30 June 2022, on
the following ground:
“OBC (Outsider). OBC certificate dated 18.06.2016 issued on the
basis of his father resident of Buxar, Bihar which clearly states that
he is originally inhabitant of Bihar. Hence, rejected for being OBC
(Outsider). his candidature is also not in UR category not qualified
written exam with minimum qualifying marks prescribed for UR
category.”
3. The OBC Certificate dated 18 June 2016, produced by the
petitioner, read as under:
“REVENUE DEPARTMENT, GOVT. OF NCT OF DELHI
OFFICE OF THE DISTRICT MAGISTRATE
DWARKA: SOUTH WEST DISTRICT
OBC CERTIFICATE
CERTIFICATE NO:90500000119955
This is to certify that SHASHI KUMAR S/o SHIV NARAYAN
SINGH R/o B-12 B BLOCK POCHA NPUR EXTENSION
POCHAN PUR DELHI 110077 INDIA belongs to the YADAV
community of BIHAR State which is recognised as Other
Backward Class under
Resolution No. 12011/68/93-BCC(C)dated 10/09/1993, published
in the Gazette of India Extraordinary Part I, Section 1. No. 186,
dated 13/9/1993. Resolution No. 12011/9/91-BCC(C) dated
19/10/1991, published in the Gazette of India Extraordinary Part I,
Section 1. No. 88, dated 20/10/1995.
Resolution No. 12011/7/95-BCC(C)dated 24/05/1995, published in
the Gazette of India Extraordinary Part I. Section 1. No. 88, dated
25/05/1995.
Resolution No. 12011/44/96-BCC(C)dated 06/12/1996, published
in the Gazette of India Extraordinary Part 1, Section 1. No. 88,
dated 11/12/1996.
3
"DSSSB" hereinafter
Signature Not Verified
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KUMAR
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Notification No. F(8)/11/99-2000/DSCST/SCP/OBC/2855 dated
31/05/2000. Notification No. F(6)/2000-
01/DSCST/SC/OBC/11677 dated 05/02/2004.
SHASHI KUMAR and his family ordinarily resides at B-12 B
BLOCK POCHANPUR EXTENSION POCHAIN PUR DELHI
110077 INDIA
This certificate is issued on the basis of OBC certificate issued to
SHIV NARAYAN SINGH FATHER of SHASHI KUMAR R/o
VILLAGE-BHATOLI, DISTT-BUXAR, BIHAR belongs to
YADAV community of BIHAR State vide Certificate No.
040778301111503408 dated 06/11/2015 issued by the BIHAR
BHAWAN.
This is also to certify that he does not belong to the person/sections
(Creamy layer) mentioned in column 3-of the Schedule to the
Govt. of India, Department of Personnel & Training O.M. No.
36012/22/93-Estt(SCT), 36033/3/2004-Estt(Res), 36033/1/2013-
Estt(Res) dated 8/9/1993 9/03/2004 & 14/10/2008 and 27/5/2013
respectively.
Digitally signed by SATISH KUMAR RAWAT,
Tehsildar,
2016.06.18”
4. Aggrieved by the rejection of his candidature, the petitioner
4
moved the Central Administrative Tribunal by way of OA
2257/2022. By judgment dated 24 August 2022, the Tribunal has
dismissed the OA, aggrieved by which the petitioner has approached
this Court under Article 226 of the Constitution of India.
5. We have heard Mr. Anuj Aggarwal, learned Counsel for the
petitioner and Ms. Avnish Ahlawat, learned Standing Counsel for the
DSSSB at length.
4
"the Tribunal" hereinafter
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KUMAR
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6. The reasoning of the Tribunal, as contained in the impugned
order, reads thus:
“4. We have perused both the said document dated 28.07.2016
and 31.05.2021 respectively. So far as the Circular dated
28.07.2016 is concerned, it is evident that the first category of
certification is the one by Revenue Department of Govt. of NCT of
Delhi on the basis of any of any o old certificate issued to any
member of individual's family from Govt. of NCT of Delhi. In
other words, family must be permanent resident of Delhi and the
said member was certified on earlier occasion. The second
category of certification is the one which is to be issued by the
Competent Authority outside Delhi in favour of the person
belonging to a community duly notified as OBC by Govt. of NCT
of Delhi. This certificate, in turn, must be on the basis of OBC
certificate issued by Govt. of NCT of Delhi to any family member
of the concerned person who had been residing in Delhi before
08.09.1993. In short, though the candidate is residing outside
Delhi, but if the roots of his family are in Delhi, the certificate is to
be issued by Govt. of NCT of Delhi.
5. So far as the OM dated 31.05.2021 is concerned, it only
mandates that the individual who possess OBC, (Delhi) certificate
issued by the Revenue Department, Govt. of NCT of Delhi
certifying that he/she belongs to a caste which has been notified as
OBC by the Govt. of NCT of Delhi shall be entitled for benefits of
reservation to OBCs in civil posts in various Departments of Govt.
of NCT of Delhi, irrespective of the fact that the said OBC (Delhi)
certificate has been issued with or without mentioning of old
certificate issued to his/her father, siblings and real uncles (paternal
side only). So what is important to note is that by this
memorandum it was clarified that it is irrelevant whether the OBC
(Delhi) certificate has been issued with or without mentioning
about the old certificate. At this stage, it must be mentioned that
the certificate which the applicant enclosed along with application
form did mention that it was granted on the basis of his father's
certificate. However, the fact remains that applicant's father was an
inhabitant of Bihar and, therefore, the applicant in terms of
Circular dated 28.07.2016 is not entitled to take benefit of OBC
caste certificate in Delhi. A further perusal of the office
memorandum dated 31.05.2021 relied upon by the learned counsel
for the applicant makes it clear that this Office Memorandum is in
continuance of the Office Memorandum dated 28.07.2016 and is
only clarificatory in nature. The basic points of this Office
Memorandum are the same that of the letter dated 28.07.2016. As
far as the case of the applicant is concerned the caste certificate
should be mandatorily issued on the basis of OBC certificate
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KUMAR
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issued by the Govt. of NCT of Delhi to his siblings and real uncles
(paternal side only) only) w who had been v residing in Delhi
before 08.09.1993. Obviously, the applicant has not been able to
produce any such certificate in support of his claim to be an OBC
and has, therefore, been rightly treated as OBC (outsider). We have
also observed that the respondents have considered the candidature
of the applicant in UR category. However, he was not selected in
UR category as he had not secured the qualifying marks prescribed
for that category.”
7. The Office Memoranda dated 28 July 2016 and 31 May 2021,
5
issued by the Department of Personnel and Training , to which the
above extracted paragraphs from the judgment of the Tribunal make
reference, read as under:
DOPT OM dated 28 July 2016
“No.F. 19(01)/2012/S.IV/12-41-1258 Dated: 28/7/2016
To,
All Head of Departments,
Govt. of N.C.T. of Delhi,
Delhi/ New Delhi
Sub: Reservation for OBCs in the Jobs under the Government of
N.C.T. of Delhi-reg.
Sir/Madam,
In continuation with this depurnment's circular dated
27.07.2007 on the subject cited above (copy enclosed). I am
directed to inform that Govt. of N.C.T. of Delhi has decided to
accept the following two types of certificates as valid certificates
for grant of benefit of reservation to OBCs in civil posts under
Govt. of N.C.T. cf Delhi
1) OBC certificate (Delhi) issued by the Revenue
Department of GNCT of Delhi, on the basis of any old
certificate issued to any member of individual's family from
GNCT of Delhi.
5
"DOPT" hereinafter
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KUMAR
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2) OBC certificate issued by a Competent Authority
outside Delhi to a person belonging to a community duly
notified as OBC by GNCT of Delhi. This certificate should
have mandatorily been issued on the basis of OBC
certificate issued by Govt. of N.C.T. of Delhi to any family
member of the concerned person who had been residing in
Delhi before 08.09.1993.
This issues with the prior approval of the Competent
Authority.
Yours faithfully,
Encl: As above
Sd/-
(ANUPMA CHAKRAVORTY)
DY. SECRETARY (SERVICES)”
*
DOPT OM dated 31 May 2021
“Dated: 31/05/2021
OFFICE MEMORANDUM
Sub: Reservation for OBCs in the jobs under the Government of
N.C.T. of Delhi - reg.
In continuation of this Department's letter
No.F.19(10)/2001/S-III/Pt. File/2278 2285 dated 27 July, 2007 and
No.F.19(01)/2012/S.IV/1241-1258 dated 28 July, 2016 on the
subject cited above (copies enclosed), the undersigned is directed
to convey the clarification that:-
1) an individual, who possesses OBC (Delhi)
Certificate issued by the Revenue Department, Government
of National Capital Territory of Delhi certifying that he/she
belongs to a caste which has been notified as OBC by the
Government of National Capital Territory of Delhi, shall be
entitled for the benefits of reservation tơ OBCs in Civil
posts in various Departments of Government of National
Capital Territory of Delhi, irrespective of the fact that the
said OBC (Delhi) Certificate has been issued with or
without mentioning of old certificate issued to his/her
father, siblings and real uncles (paternal side only).
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KUMAR
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2) an individual, who possesses the OBC Certificate
issued by a Competent Authority outside Delhi, certifying
his/her belonging to a community duly notified as OBC by
the Government of National Capital Territory of Delhi,
shall also be entitled for the benefits of reservation to OBCs
in civil posts under Government of National Capital
Territory of Delhi. This certificate should have mandatorily
been issued on the basis of OBC Certificate issued by
Government of National Capital Territory of Delhi to
his/her father, siblings and real uncles (paternal side only)
of the concerned person, who had been residing in Delhi
th
before 8 September, 1993.
This issues with the approval of the Competent Authority.
Encls: As above
Sd/-
(HARLEEN KAUR)
SPL. SECRETARY (SERVICES)”
8. Mr. Aggarwal relies on Clause 5(iii) of the Advertisement. He
submits that Clause 5(iii) ensures the benefit of OBC reservation to
OBC (Delhi) candidates notified vide Notification dated 27 July 2007
of the GNCTD. The letter dated 27 July 2007, he points out, grants
OBC reservation to all OBCs in the Central list of OBCs qua Delhi.
The notification reads thus:
“dated: 27/7/07
To
1. The Chairman
Delhi Subordinate Services Selection Board,
Government of NCT of Delhi
UTCS Building, Shahadra, Delhi
2. All Head of Department/Local/Autonomous Bodies/
PSUs, Government of NCT of Delhi.
Sub: Reservation for OBCs in the jobs under the Government of
NCT of Delhi.
Signature Not Verified
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KUMAR
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Madam/Sir,
I am directed to inform that the Hon'ble Lt. Governor has
considered the matter regarding grant of benefit of reservation to
OBCs in Civil posts under the Govt. of NCT of Delhi and has
decided that the Central list for OBCs qua Delhi and castes defined
as OBCs by OBC Commission and accepted so by the Government
be extended the benefit of reservation in Delhi.
In light of the above, appropriate action for grant of
benefits of reservation to OBCs in the civil posts of Govt. of NCT
of Delhi may be taken accordingly.
Yours faithfully,
Sd/-
(S.P.SINGH)
JOINT SECRETARY (SERVICES)”
9. Following the above letter dated 27 July 2007, a further
communication was issued by the Department for the Welfare of
SC/ST/OBC/MIN on 8 November 2021, under the subject
“Reservation for OBCs in the jobs under the Government of NCT of
Delhi”, which read thus:
“F. No.-28(7)/2016-17/DSCST/Pig-part file-1/9861-62
Dated: 08-11-2021
To
The Divisional Commissioner,
Govt. of NCT of Delhi,
5, Sham Nath Marg,
Delhi-54.
Sub: Reservation for OBCs in the jobs under the Government of
NCT of Delhi reg.
Sir,
I am directed to refer to Service Department letter No.F.
19(10)2001/S-III/Pt. file/2278-2285 dated 27/07/2007 by which it
has been conveyed with the approval of Hon'ble Lt. Governor that
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benefit of reservation to OBCs in Civil Posts under the Govt. of
NCT of Delhi be extended to the Castes mentioned in Central list
for OBCs qua Delhi, and caste defined as OBCs by OBC
Commission and accepted so by the Govt.
2. Therefore, the castes mentioned in the Central OBCs list
have been accepted by the Government of Delhi for extending
benefits of reservation in Civil posts under the Government of
NCT of Delhi in addition to castes notified by the Government of
Delhi vide above mentioned letter dated 27-07-2007.
3. Accordingly, Revenue Department, GNCTD is hereby
requested to upload the complete list of castes (Notified by
Government of NCT of Delhi and caste notified under Central
Govt for the State of Delhi under Central list (copy enclosed).
This is issues with approval of competent authority.
Yours faithfully
Encl: as above
Sd/-
(Suresh Chand)
Asstt. Director(Planning)”
10. Mr. Aggarwal submits that the Central List of OBCs for the
GNCTD was notified by the Ministry of Welfare, GNCTD vide
Resolution dated 24 May 1995, which included “Yadav” in the list of
OBCs for Delhi. Mr. Aggarwal has also drawn our attention to the
“Central List of OBCs for the State of Delhi”, notified as “eligible for
grant of benefit of reservation in civil posts under the GNCTD as per
order dated 27.7.2007” which includes, at S. No. 3, the castes Ahir,
Yadav and Gwala, notified as OBCs in the Central list vide Resolution
dated 24 May 1995 supra .
11. Responding to the submissions of Mr. Aggarwal, Ms. Ahlawat
submits that the terms of the advertisement, under which the petitioner
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applied, are clear and categorical. She has placed reliance on Clause 5
(iv) of the advertisement and submits that an OBC certificate issued
by the GNCTD is acceptable only if it is on the basis of an old
certificate issued to a member of the family of the candidate from the
GNCTD. Inasmuch as the OBC certificate produced by the petitioner
is clearly issued on the basis of an earlier OBC certificate issued to his
father by the Bihar Bhawan, and not by the GNCTD, she submits that
the Tribunal has correctly upheld the rejection of his candidature.
Analysis
12. We are constrained to observe, with some sense of dismay, that
the GNCTD has, at least in the case of OBC reservations, created utter
chaos, by issuing one Notification/Circular/Letter after another, and
wording the advertisements delightfully ambiguously, resulting in not
only the candidates, but even the Court never being certain of whether
a case of entitlement is, or is not, made out. Several such cases have
come before us even within the past one year, and our attention has
been drawn to one instruction in one case and another instruction in
another. Such chaos and uncertainty leaves the legal situation in a
state of flux, which is undesirable especially when the matter relates
to reservation for OBCs.
13. We can do no better than decide the matter on the basis of the
documents which are before us.
14. Examine, for example, the advertisement with which we are
concerned in the present case.
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15. Clause 5(i) states that OBC reservation would be available “in
accordance with the instructions/orders/circulars issued from time to
time by the Government of Delhi”. No reference is made to any
circular number or order number. Candidates cannot be expected to
be scouring the internet to find out all the circulars and orders issued
by the GNCTD in the matter of OBC reservation. Even if a candidate
comes across a particular circular or order, she, or he, can never be
certain as to whether there is any subsequent circular or order which
has modified it.
16. This is completely unacceptable. A clause such as Clause 5(i) is
unfair to candidates who apply and may even be, to some extent,
unsustainable in law. It places candidates in a state of utter uncertainty
as to whether they are, or are not, eligible to apply as
EWS/SC/ST/OBC/PwD.
17. Clause 5(ii) of the Advertisement does not carry the matter any
further, as it merely states that the candidate, who seeks to benefit of
reservation as EWS/SC/ST/OBC etc., has to be in possession of the
relevant certificates issued by the competent authority on or before the
prescribed cutoff date. This Clause does not particularly concerned the
controversy at hand.
18. Clause 5(iii) immediately creates confusion, as it states that
“only OBC (Delhi) candidates notified by government of NCT of
Delhi vide letter/order … dated 27/07/2007 and … dated 28/07/2016
will be given the benefit of reservation/age relaxation under OBC
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category”. Thus, while Clause (i) extends the benefit of OBC
reservation to candidates covered by any instruction/order/circular
issued by the GNCTD, Clause 5(iii) restricts the benefit of reservation
to candidates covered by letters/orders dated 27 July 2007 and 28 July
2016.
19. Mr. Aggarwal’s contention is that his client is eligible to be
treated as an OBC candidate in terms of the GNCTD letter dated 27
July 2007. Mr. Aggarwal, therefore, relies on Clause 5(iii).
20. Clause 5(iv) makes things worse. Read in isolation, Clause
5(iv) provides, in cases in which the OBC certificate produced by the
candidate has been issued by the Revenue Department in the GNCTD,
that the certificate must have been issued “ on the basis of a old
certificate issued to any member of individual’s family from GNCTD ”.
No such condition is to be found in either of the letters/orders dated
27 July 2007 and 28 July 2016 issued by the GNCTD, to which
Clause 5 (iii) of the Advertisement makes reference.
21. What, therefore, happens in the case of a candidate who is in
possession of an OBC certificate issued by the Revenue Department
in the GNCTD, which does not conform to Clause 5(iv), but is in
accordance with letters/orders dated 27 July 2007 and 28 July 2016
issued by the GNCTD? We are concerned with precisely such a case.
22. Predictably, Mr. Aggarwal relies on letter/order dated 27 July
2007 read with Clause 5(iii), whereas Ms. Ahlawat relies on Clause
5(iv) of the Advertisement.
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23. Though, when seen superficially, there is some possibility of
confusion among the various Clauses, it is, when subjected to a deeper
scrutiny, easily resolved.
24. Clause 5(iii) states that only candidates who are covered by the
letters/orders dated 27 July 2007 and 28 July 2016 would be eligible
for OBC reservation. The clause is therefore, a delimiting condition,
which makes coverage under the 27 July 2007 and 28 July 2016
letters/orders mandatory for being entitled to OBC reservation. It does
not, however, ipso facto make every candidate who is covered by the
said letters/orders eligible, even if she, or he, does not fulfil other
conditions in Clause 5.
25. Moreover, the letters dated 27 July 2007 and 28 July 2016 are
caste specific , whereas Clause 5(iv) in the Advertisement is certificate
specific . In other words, while the caste to which the candidate
belongs must qualify as an OBC in terms of the letters/orders dated 27
July 2007 and/or 28 July 2016 by virtue of Clause 5(iii) , the
certificate must satisfy the requirement specified in Clause 5(iv) .
26. This is the obvious intent of the Advertisement, and is, in fact,
the only harmonious way of interpreting it, so as not to render any of
its clauses, particularly Clause 5(iv), redundant. The stand that Mr.
Aggarwal advocates, if accepted, would require us to completely
ignore Clause 5(iv)(a).
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27. While the ‘Yadav’ caste to which the petitioner belongs
undoubtedly satisfies the requirement of the letter dated 27 July 2007
as it is included in the Central List of OBCs for appointment to civil
posts in the GNCTD, the OBC certificate produced by the petitioner,
unfortunately, does not satisfy Clause 5(iv)(a) of the Advertisement.
Inasmuch as it has been issued by the Revenue Department in the
GNCTD, sub-clause (a) of Clause 5(iv) applies, not sub-clause (b).
One of the conditions of sub-clause (a) is that the certificate must have
been issued on the basis of an earlier certificate issued to a family
member by the Delhi Government.
28. Having applied pursuant to the said Advertisement, without
challenging it, the petitioner cannot wish away its covenants.
29. In the present case, the OBC certificate dated 18 June 2016,
produced by the petitioner, clearly states that it was issued on the
basis of an earlier OBC certificate issued to his father by the Bihar
Bhawan.
30. The requirement of the certificate of the candidate having been
issued on the basis of an earlier certificate issued to a family member
by the Delhi Government is not, therefore, satisfied.
31. We, therefore, agree with Ms. Ahlawat that the OBC certificate
produced by the petitioner did not satisfy Clause 5(iv) of the
Advertisement. Ergo, the petitioner could not be regarded as an OBC
candidate for the purpose of recruitment under the Advertisement.
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KUMAR
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32. Inasmuch as the petitioner could not make the cut off for being
recruited as a UR candidate, his candidature was rightly rejected.
33. No occasion, therefore, exists for us to interfere with the
impugned judgment of the Tribunal.
34. The writ petition is dismissed with no orders to costs.
C. HARI SHANKAR, J.
OM PRAKASH SHUKLA, J.
JULY 03, 2026 /ar/aky
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