Govt Of Nct Of Delhi And Ors vs Anju
- Court
- Delhi High Court
$~74, 82 to 84, 86 & 87
* IN THE HIGH COURT OF DELHI AT NEW DELHI
# CNR No. DLHC012253832017
+ W.P.(C) 3841/2017, CM APPL. 16860/2017, CM APPL.
40336/2018 & CM APPL. 35620/2019
DELHI SUBORDINATE SERVICE
SELECTION BOARD (DSSSB) .....Petitioner
Through: Mrs. Avnish Ahlawat, SC with
Mr. Nitesh Kumar Singh, Adv.
versus
SUNITA AND ORS. .....Respondents
Through: Mr. Tarun Gupta and Mr.
Hirday Virdi, Advs.
82
# CNR No. DLHC010450012025
+ W.P.(C) 10124/2025 & CM APPL. 42148/2025
GOVT OF NCT OF DELHI AND ORS .....Petitioners
Through: Mrs. Avnish Ahlawat, SC
GNCTD Services and Mr Nitesh Kumar
Singh, Adv.
versus
SUMAN .....Respondent
Through: Mr. M.K. Bhardwaj, Adv
83
# CNR No. DLHC010279232025
+ W.P.(C) 6026/2025 & CM APPL. 27567/2025
GOVT OF NCT OF DELHI AND ORS .....Petitioners
Through: Mrs. Avnish Ahlawat, SC
GNCTD Services and Mr Nitesh Kumar
Singh, Adv.
Signature Not Verified
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versus
ANJU .....Respondent
Through: Mr. Anuj Aggarwal, Adv
84
# CNR No. DLHC010296822025
+ W.P.(C) 6419/2025, CM APPL 29242/2025
GOVT OF NCT OF DELHI AND ORS ....Petitioners
Through: Mrs. Avnish Ahlawat, SC
GNCTD Services and Mr Nitesh Kumar
Singh, Adv.
versus
RAM TIRATH .....Respondent
Through: Mr. R.K. Shukla, Adv
86
# CNR No. DLHC010300482025
+ W.P.(C) 6450/2025 & CM APPL. 29373/2025
DELHI SUBORDINATE SERVICES
SELECTION BOARD AND ANR .....Petitioners
Through: Mrs. Avnish Ahlawat, SC with
Mr. Nitesh Kumar Singh, Adv.
versus
LAL CHAND .....Respondent
Through: Mr. Anuj Aggarwal, Mr. Nikhil
Pawar, Mr. Shubham Bahl, Ms. Kritika
Matta, Ms. Tanya Rose, Ms. Bhumica
Kundra, Mr. Pradeep Kumar, Mr. Lovekesh,
Ms. Anjali Bansal, Mr. Manas Verma and
Mr. Shakib Malik, Advs.
87
# CNR No. DLHC010303082025
+ W.P.(C) 6589/2025 & CM APPL. 29833/2025
Signature Not Verified
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GOVT OF NCT OF DELHI AND ORS .....Petitioners
Through: Mrs. Avnish Ahlawat, SC with
Mr. Nitesh Kumar Singh, Adv.
versus
KANHAIYA KUMAR .....Respondent
Through: Mr. R.K. Shukla, Adv.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE VINOD KUMAR
JUDGMENT (ORAL)
% 02.09.2026
C. HARI SHANKAR, J.
W.P.(C) 3841/2017 [ DSSSB v. Sunita & Ors]
1. The lis in this writ petition survives only qua Respondent 2
Neerja, as the remaining respondents in this petition have been given
appointment by the petitioner. Respondent 2 is represented by Mr.
Tarun Gupta. For ease of reference, Respondent 2 would be referred
to as the respondent, hereinafter.
2. This writ petition is directed against order dated 28 April 2017
1
passed by the Central Administrative Tribunal in OA/100/4520/2014.
3. We have heard Mrs. Avnish Ahlawat and Mr. Nitesh Kumar
Singh, learned Counsel for the petitioner and Mr. Tarun Gupta,
learned Counsel for the respondent.
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4. The dispute relates to the entitlement of the respondent for
being considered as a candidate belonging to the Other Backward
2
Classes for the purposes of recruitment as TGT (English), in the
schools under the GNCTD.
5. The issue in controversy is short and we would not be required
to delve deep into the facts. Suffice it to state that the provision for
reservation for OBC certificate as contained in the Advertisement No.
3
01/13, issued by the Delhi Subordinate Service Selection Board
pursuant to which the respondent applied, read thus:
“6. RESERVATION BENEFITS
(i) Reservation benefits will be available to the
SC/ST/OBC/Physically Handicapped & other special
category candidates in accordance with the
instructions/orders / circulars issued from time to time by
the Govt. of Delhi . The reservation benefits under SC/STS
shall be admissible as per judgment dated 12/09/2012 of
Hon'ble High Court of Delhi as passed in No. 5390/2010,
CM No. 20815/2010 Deepak Kumar and Ors Vs District
and Sessions Judge, Delhi and Ors. as per which SC/ST
candidates of other States /U.Ts. shall also be eligible for
reservation benefit. However this shall be further subject to
policy decision of Govt. of Delhi for SC/ST migrants of
other States.
(ii) Candidates who wish to be considered against
reserved vacancies and /or to seek age relaxation, must be
in possession of relevant certificates Issued to them on or
before the closing date by the competent/notified authority
(In prescribed format) otherwise their claim for
SC/ST/OBC/Physically Handicapped/Ex-Servicemen &
other special category will not be entertained and their
applications will be considered against Un-reserved (UR)
category vacancies, if eligible otherwise.
1
“Tribunal” hereinafter
2
“OBC” hereinafter
3
“DSSSB” hereinafter
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(iii) The OBC candidates must be in possession of filled
prescribed Annexure 1, along with his/her caste certificate
issued by Govt. of Delhi only .”
6. Clearly, therefore, what the clause required was that the
candidate in question had to be in possession of a caste certificate
issued by the GNCTD. The entitlement to reservation would,
however, be subject to orders, notifications or circulars issued by the
GNCTD.
7. The two issues which arise for consideration are, therefore,
firstly, whether the OBC certificate of the respondent was in
accordance with Clause 6(iii) of the Advertisement, and, secondly,
whether, if it is, the respondent would be disentitled to be considered
as an OBC candidate by virtue of any order, notification, or circular
issued by the GNCTD.
8. We address these issues, therefore, seriatim .
9. Re. Clause 6(iii)
9.1 We may take judicial notice of the fact that, in other matters
which have come before us where similar disputes had arisen, the
advertisement specifically stipulated that the OBC certificate had to be
issued on the basis of a caste certificate issued to a close relative by
the Revenue Authorities in Delhi . In the present case, however, there
is no such stipulation. All that is required is that the OBC certificate
had to be issued by the Revenue Authorities in the GNCTD. The
basis of its issuance is irrelevant.
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9.2 The cut-off date for producing the OBC certificate, as per the
advertisement, was 20 March 2013.
9.3 At the time of applying for the post, the respondent had
produced an OBC certificate dated 27 September 2009, which reads
thus:
“This is to certify that Sh/Smt/Ku: NEERJA
S/o,W/o,D/o: SHYAM SINGH
Resident of: A 15 RAGHUBIR ENCLAVE NEAR DICHAON
STAND NAJAFGARH N.DELHI
Belongs to the community JANGARA BRAHMIN Which is
recognised as a backward class under the Govt. of N.C.T. of Delhi
notified vide Notification No F.28(93)/91-92/SC/ST/P&S/4384
dated 20/1/95 published in the Gazette of Delhi Extraordinary
Part-V dated 20/1/95 and/or his family ordinary reside(s) at A 15
RAGHUBIR ENCLAVE NEAR DICHAON STAND
NAJAFGARH N.DELHI Union Territory of Delhi.
This is also to certify that he/she does not belong to the
persons/sections (Creamy layer) mentioned, in column 3 of the
Schedule to the Govt. of India, Department of Personnel and
Training O.M. No. 36012/22/93-Estt. (SCT) dated 8/9/1993.
Dated: 27/9/2009
Sd/-
(Manjeet Singh)
Executive Magistrate, Najafgarh
(Anil Bhola)
Tehsildar, Najafgarh
Govt. of NCT of Delhi”
9.4 As the petitioner was not allowing the respondent to appear in
the examination, the respondent, along with several other candidates,
approached the Tribunal by way of OA 4520/2014.
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9.5 The Tribunal disposed of the said OA by judgment dated 15
February 2016. We may note that, though, in para 4 of the said
judgment, it has been noted that the respondent’s candidature was
rejected as she did not have the requisite qualification as on 20 March
2013, which was the closing date stipulated in the advertisement, the
Tribunal has, in para 10, of its judgment, observed as under:
“10. Heard the learned counsel for both sides and carefully
perused the copy of the OMR sheets of the applicants and also the
copies of the certificates filed by the applicants along with their
OA. It reveals that though the applicants are possessing the
essential qualifications as required under the Advertisement, as on
the closing date of receipt of the application, but in view of either
not bubbling the relevant Columns or in misunderstanding the
instructions of the advertisement, the respondents rejected their
candidature.”
9.6 Following this, the Tribunal held that mere errors in filling up
the OMR sheets could not constitute a legitimate basis to reject the
candidature of the respondent and, therefore, disposed of the OA in
the following terms:
“13. In view of the above legal position and in view of the fact
that the applicants were already permitted to take the examination
provisionally by virtue of the interim orders dated 22.12.2014 and
their results are yet to be declared by the respondents, we are of the
considered view that the ends of justice would be met if the
respondents are directed to declare 15 the results of the applicants
and to consider their cases along with others as per their merit,
after verifying their qualifications or otherwise satisfying
themselves with their suitability, in accordance with law, within
four weeks from the date of receipt of a copy of this order. The OA
and MA No.217/2016 are disposed of, accordingly. No costs.”
9.7 As there was no compliance with the order passed by the
Tribunal, the respondent re-approached the Tribunal by way of
CP/100/216/2016 for initiation of contempt proceedings against the
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petitioner.
9.8 During the pendency of the contempt petition, the Revenue
Authorities in the GNCTD cancelled the OBC certificate dated 27
September 2009 on 9 March 2017.
9.9 Following the cancellation of the OBC certificate by the
Revenue Authorities in the GNCTD, the DSSSB issued the following
notice dated 15 March 2017:
“No.F.29(TGT)/Eng./Female/DSSSB/2016/76 Dated: 15/03/2017
NOTICE
1. This notice is being issued in continuation of earlier notice
No.117 dated 07.02.2017 and in compliance of the order of the Ld.
Central Administrative Tribunal. dated 17.03.2017 in the matter of
OA No.4520/2014, CP No.216/2016 titled as Ms.Suita Vs. K.K.
Sharma & Anr.
2. The Competent Authority of the Revenue Department vide
their order No.F.08/SDM/NJF/2016/3719/4410-4415 dated
09.03.2017 has finally cancelled the OBC certificate issued to Ms.
Neerja, D/o Sh. Shyam Singh, a candidate for the post of TGT
(English) Female under Post Code 107/12 and 05/13.
3. In view of the final order of the cancellation of OBC
certificate issued by SDM(Najafgarh), as referred to above, the said
candidate, Ms. Neerja doesn't have any claim for consideration of
her candidature for the said post under OBC category.
4. Hence the decision of the DSSSB already conveyed
through Notice No.117 date 07.02.2017 regarding non-
consideration of her candidature for the post of TGT (English)
Female (Post Code No.107/12 and 05/13) is, therefore, reiterated.
Sd/-
Dy. Secretary, DSSSB”
Mr. Tarun Gupta has correctly pointed out that the aforesaid notice
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does not cancel the respondent’s candidature but merely states that she
had no claim to consideration as an OBC candidate in view of
cancellation of her OBC certificate dated 27 September 2009 by the
Revenue Authorities in the GNCTD on 9 March 2017.
9.10 In CP/100/216/2016, the Tribunal passed the following order on
28 April 2017:
“This Tribunal after hearing both sides. on 26.04.2017,
passed the following orders:-
“Heard both sides.
2. OA No.4520/2014 was disposed of by this Tribunal
on 15.02.2016, and the relevant paragraphs of the said order
read, as under:
3. The applicants, whose candidatures were
rejected by the Respondent-DSSSB, Govt. of NCT
of Delhi, for selection to TGT (Hindi) Female,
advertised vide Advertisement No.01/2013, filed the
present OA questioning the said rejection.
*
It is well settled that applications or candidatures or
selections normally shall not be rejected by the
authorities, basing on the minor mistakes committed
by the youngsters in filing up the application forms
or in the examinations, if otherwise, they establish
their identity and that they are qualified and eligible
for consideration of their cases by furnishing the
documents in proof of the same.
*
In view of the above legal position and in view of
the fact that the applicants were already permitted to
take the examination provisionally by virtue of the
interim orders dated 22.12.2014 and their results are
yet to be declared by the respondents, we are of the
considered view that the ends of justice would be
met if the respondents are directed to declare
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O.A.No.4520/2014 9 the results of the applicants
and to consider their cases along with others as per
their merit, after verifying their qualifications or
otherwise satisfying themselves with their
suitability, in accordance with law, within four
weeks from the date of receipt of a copy of this
order. The OA and MA No.217/2016 are disposed
of, accordingly. No costs.”
3. Alleging non-implementation of the aforesaid orders
of this Tribunal, the applicants in the OA, filed the present
CP No.216/2016. After the CP is filed, since the
respondents complied with the orders of this Tribunal, in
respect of all the Petitioners, except Petitioner No.2, the CP
is continued by the Petitioner No.2 (i.e., Ms. Neerja).
4. The respondents, initially taken time by submitting
that they are going to comply the orders of this Tribunal in
respect of the remaining petitioner, i.e., Petitioner No.2(Ms.
Neerja) also. Considering their requests from time to time,
time was granted by this Tribunal and also the order for
personal appearance of the 2nd Respondent was also
dispensed with.
5. Shri K.M.Singh, the learned counsel appearing for
both the Contemnors, Le., GNCTD (User Department) and
the DSSSB (the recruiting agency), while submitting that
the results of all the candidates, including Ms. Neerja, were
declared and Ms. Neerja secured more marks than the cut
off marks in her respective post code and has been called
for verification of documents on various dates, would
contend that since the Sub Divisional Magistrate,
Nazafgarh, cancelled the OBC certificate of Ms. Neerja
vide Order dated 09.03.2017, Ms. Neerja does not have any
claim for consideration of her candidature for the post of
PGT (English)-Female (Post Code 107/12 and 5 of 13]
under OBC Category nor she is further qualifying for
selection to the post under UR category.
6. The OA No.4520/2014 was disposed of on
15.02.2016. The eligibility or otherwise of the petitioner,
Ms. Neerja is to be considered as on the relevant date
mentioned in the Notification. Hence, the action of the 2nd
Respondent-Contemnor in not complying the orders of this
Tribunal, taking into account a subsequent event, is in clear
violation of the orders of this Tribunal.
7. Hence, in the circumstances, list the CP on
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28.04.2017 and the 2nd Respondent-Contemnor, i.e., Dr.
A.C. Verma, Chairman, DSSSB, shall be present in person.
Copy of this order be issued DASTI to both the learned
counsel."
2. Today, in spite of the aforesaid orders the second
respondent is not present before this Tribunal.
3. However, learned counsel for the respondents submits that
since there was an important meeting to be attended by the second
respondent at 11 a.m. in the morning, he filed M.A No. 1555/2017
seeking exemption from personal appearance. In fact, this C.P. is
called at 2.40 in the afternoon. Mr. Ashish Mohan, Joint Secretary
is present in the Court. Admittedly, the meeting called was
required to be attended by the second respondent at 11 a.m. in the
morning and the C.P is passed over from 2.40 p.m. to 4 p.m. to
enable the second respondent to be present before this Tribunal.
However, even at 4.15 he is not present before this Tribunal.
Sh. Ashish Mohan who is present in the Court both at 2.40
and 4.15 (afternoon) submits that the P.A of the second respondent
stated that the whereabouts of the 2nd respondent (Dr. A. C.
Verma, Chairman DSSSB) are not known in the office and that he
is not picking his mobile phone.
In the circumstances, issue bailable warrant to the second
respondent for his production before this Tribunal on Tuesday i.e.,
02.05.2017 with a personal surety of Rs.25,000/-.
Order Dasti.”
9.11 Assailing the cancellation of her OBC certificate by the
Revenue Authorities in the GNCTD on 9 March 2017, the respondent
4
approached this Court by way of WP (C) 3541/2017 . By order dated
26 July 2018, a learned Single Judge of this Court disposed of the said
writ petition in the following terms:
“1. The petitioner has filed the present petition, inter alia ,
impugning an order dated 09.03.2017 issued by respondent no.1
(SDM, Najafgarh). By the impugned order, respondent no.1 has
cancelled the OBC Certificate (OBC Certificate
4
Neerja v. SDM, Najafgarh & Ors.
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No.OBC/09/93/12497/17/9/2009/72813 dated 27.09.2009) issued
in respect of the petitioner. The said order has been passed on the
basis that it was issued in violation of the guidelines issued by the
Government of NCT of Delhi as it was without any documentary
proof that the petitioner was resident in Delhi prior to 1993. The
impugned order also records that the petitioner is “ineligible for
Delhi OBC Certificate.”
2. It is stated that the petitioner had applied for an OBC
Certificate and did not make any specific request that Delhi OBC
Certificate be issued.
3. The learned counsel appearing for the respondent has
referred to an Office Order dated 07.03.2017, which sets out the
eligibility condition for issuance of an OBC certificate. He referred
to part-II of paragraph 2 of the said Order, which expressly
provides for eligibility for an OBC Certificate in case the applicant
belongs to a state other than Delhi. He submits that since the
petitioner was not a resident in Delhi prior to 1993 she would
eligible for an OBC certificate under paragraph 2(II) of the order
but not a ‘Delhi OBC Certificate’.
4. The learned counsel appearing for the petitioner
emphasised that the petitioner had merely asked for an OBC
Certificate and she was not concerned as to whether the certificate
was issued under Paragraph 2(I) or 2(II) of the aforesaid Order; or
whether the certificate issued to her is a OBC Certificate of Delhi
or of another State.
5. In view of the above, respondent no.1 is directed to
immediately process the petitioner’s request for an OBC Certificate
as per her eligibility criteria within a period of two weeks from
today. It is clarified that if such Certificate is issued the same
would relate back to the date on which the incorrect Certificate is
stated to have been issued to the petitioner. It is so directed because
the petitioner cannot be prejudiced by the delay in issuance of the
correct certificate.
6. The petition is disposed of in the above terms. The pending
applications are also disposed of.”
9.12 In compliance of the aforesaid order, a fresh OBC certificate
dated 27 August 2018 was issued by the Revenue Department in the
GNCTD which read thus:
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“CERTIFICATE NO: 90500000447942
This is to certify that NEERJA D/o SHYAM SINGH R/o
1164A/A-13 VIRENDRA MARKET NAJAFGARH DELHI
110043 INDIA belongs to the JANGRA BRAHMAN community
of HARYANA 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 1, 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 I. 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. 68,
dated 11/12/1996.
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.
Resolution No. 8(6)/2000-01/DSCST/ACP/OBC/11823, dated
14/11/2005.
NEERJA and her family ordinarily resides at 1164A/A-13
VIRENDRA MARKET NAJAFGARH DELHI 110043 INDIA
This certificate is issued on the basis of OBC certificate issued to
SHYAM SINGH FATHER of NEERJA R/o VILLAGE ROHTAK
belongs to JANGRA BRAHMAN community of HARYANA
State vide Certificate No. 25071968 dated 25/07/1968 issued by
the GOVT OF HARYANA.
This is also to certify that she 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), 35033/1/2013-Estt(Res) dated 8/9/1993 9/03/2004 &
14/10/2008 and 27/5/2013 respectively.
Digitally signed by SUCHET SINGH,
tehsildar,
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2018.08.27 13:01:16”
9.13 Clearly, the aforesaid fresh OBC certificate which was issued
by the GNCTD conformed to Clause 6(iii) of the Advertisement.
9.14 Mrs. Ahlawat and Mr. Singh, learned Counsel for the petitioner
have sought to submit that, as the OBC certificate was issued on the
basis of an earlier OBC certificate issued to the father of the
respondent, who was a resident of Rohtak, the respondent was liable
to be treated as an outsider OBC candidate and, therefore, could not
claim entitlement to be recruited as TGT as a candidate belonging to
the OBCs.
9.15 There is no specific exclusion of the kind which Mr. Singh has
stated in para 6 of the advertisement. Para 6(iii) specifically requires
the OBC candidate to possess an OBC certificate issued by the
GNCTD. It does not state anything about the reason for issuing the
said certificate, i.e., as to whether the certificate is issued on the basis
of an earlier certificate issued to a near relative by the Revenue
Authorities in the GNCTD or any other such stipulation.
9.16 We reiterate, therefore, that the OBC certificate dated 27
August 2018 subscribes to the requirement of Clause 6(iii) of the
advertisement.
10. Re. Clause 6(i)
10.1 Clause (i) of para 6 of the advertisement states that reservation
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benefits would be available to SC, ST, OBC, physically handicapped
and other special category candidates in accordance with instructions,
orders and circulars issued from time to time by the GNCTD. We,
therefore, queried of Mr. Singh as to whether there was any circular or
instruction issued by the GNCTD which would invalidate the
candidature of the respondent. Mr. Singh has drawn our attention to
the following circular dated 8 April 1994 issued by the Ministry of
Welfare, Government of India:
“F. No. 12011/11/94-BCC(C)
Government of India
Ministry of Welfare
Shastri Bhavan, New Delhi – 110001
th
Dated the 8 April, 1994
Chief Secretaries of all State Governments
and U.T. Administrations.
Subject: Issuing of Other Backward Class Certificates to
migrants from other States/UTs
Sir,
In continuation of the DOPT's letter of 36012/22/93-Estt.
(SCT) dated 15th November, 1993, I am directed to say that it has
been represented to this Department that persons belonging to
OBCs who have migrated from one State to another for the purpose
of employment, education, etc. experience great difficulty in
obtaining caste certificates from the State from which they have
migrated. In order to remove this difficulty, it has been decided that
the prescribed authority of a State/U.T. Administration in terms of
the DOPT letter No.36012/22/93-Estt. (SCT) dated 15th
November, 1993 may issue the OBC Certificate to a person who
has migrated from another State on the production of a genuine
certificate issued to his father by the prescribed authority of the
State of his father's origin, except where the prescribed authority
feels that a detailed enquiry is necessary through the State of
origin, before the issue of the certificate.
2. The certificate will be issued irrespective of whether the
OBC candidate in question is included in the list of OBC
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pertaining to the State/U.T. to which the person has migrated. The
facility does not alter the OBC status of the person in relation to
the one or the other State/U.T. The OBC person on migration from
the State/U.T. of his origin to another State/U.T. where his caste is
not in the OBC list is entitled to the concessions/benefits
admissible to the OBCs from the State of his origin and Union
Government but not from the State where he has migrated.
It is requested that all competent authorities may be advised
to issue the OBC certificate after satisfying themselves of the
correctness of the certificate. The Lists of the Competent
authorities empowered as per DOPT’s circular of 15th November,
1993 may be followed strictly. No other authorities may be
allowed to issue the OBC certificates.
Yours faithfully,
Sd/-
Joint Secretary to the Govt. of India”
(Emphasis supplied)
10.2 Though the aforesaid circular has not been issued by the
GNCTD, we have, nonetheless, considered whether the certificate
would operate to prohibit the respondent from seeking consideration
as an OBC candidate.
10.3 The circular dated 8 April 1994 recognises the fact that persons
who may have migrated to Delhi from States outside Delhi were
finding it difficult to obtain OBC certificate from the States from
which they had migrated. In order to facilitate such candidates, the
circular permits OBC certificates to be issued by the State to which
such candidates had migrated, even if they originally belonged to
another state.
10.4 The issue of the entitlement, or otherwise, of such candidates to
be treated as such as OBCs certificate in the State to which they were
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migrated is covered by para 2 of the Circular. Para 2 makes it clear
that if the caste to which such a candidate belong was not a notified
OBC in the State to which the candidate has migrated , the mere fact
that the Revenue Authorities in such State has issued an OBC
certificate to the candidate in terms of the circular dated 8 April 1994
would not entitle such a candidate to OBC benefits in the State to
which she or he had migrated.
10.5 In the present case, however, the caste Jangra Brahmin is
notified as an OBC in the Central List, the list of OBCs in the State of
Haryana as well as the list of OBCs in the GNCTD. The fact that it is
notified as an OBC in the Delhi list is acknowledged in the OBC
Certificate itself.
10.6 As such, even applying the Circular dated 8 April 1994, the
respondent would be entitled to be treated as an OBC candidate for
recruitment as TGT (English) under the GNCTD.
11. In that view of the matter, while we do not intend to allow the
contempt proceedings before the Tribunal to continue, we hold that
the respondent was entitled to be treated as an OBC candidate for
recruitment to the post of TGT (English) in the State of Delhi in terms
of the Advertisement.
12. The writ petition is accordingly disposed of in the aforesaid
terms.
13. We direct that the result of the respondent to be declared and
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consequential action taken, in terms of the original order passed by the
Tribunal, within eight weeks from today.
W.P.(C) 10124/2025 [ GNCTD & Ors. v. Suman]
14. This writ petition is directed against judgment dated 2
September 2024, whereby the Tribunal has directed consideration of
the respondent as an OBC candidate for the purposes of recruitment
and has accordingly allowed OA 592/2021 filed by the respondent,
unlike WP (C) 3841/2017, which is directed against an order passed in
contempt proceedings.
15. The respondent had applied for the post of Primary Teacher in
the Municipal Corporation of Delhi. The relevant clause in the
advertisement read thus:
“5. RESERVATION BENEFITS:
(i) Reservation benefits will be available to the
SC/ST/OBC/physically Handicapped & other special category
candidates in accordance with the instructions / orders / circulars
issued from time to time by the Govt. of Delhi. The reservation
benefits under SC/STs shall be admissible as per judgment dated
12/09/2012 of Hon’ble High Court of Delhi as passed in WP(C)
No. 5390/2010, CM No. 20815/2010 – Deepak Kumar and Ors Vs.
District and Sessions Judge, Delhi and Ors. However, this shall be
further subject to police decision of Govt. of Delhi.
(ii) Candidates who wish to be considered against reserved
vacancies and/or to seek age relation, must be in possession of
relevant certificates (SC/ST/OBC/Non Creamy
layer/PH/Educational/Experience etc.) issued by the
competent/notified authority (in prescribed format) on or before the
cutoff dated (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.
Signature Not Verified
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(iii) Only OBC (Delhi candidates will be given the benefit of
reservation/age relaxation under OBC category OBC (Outside)
candidates will be treated as Unreserved 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. The 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.
(v) A Candidate belonging to SC/ST/OBC who is selected on
the same standard as applied to general category candidates and
who appears in the general merit list is treated as own merit
candidate. Such candidate is adjusted against unreserved point of
the reservation roster. Only such SC/ST/OBC candidates who are
selected on the same standard as applied to general candidates shall
not be adjusted against reserved vacancies. In other words, when a
relaxed standard is applied in selecting an SC/ST/OBC candidate
for example in the age limit, experience, qualification, permitted
number of chances in written examination extended zone of
consideration larger than what is provided for general category
candidates etc. the SC/ST/OBC candidates are to be counted
against reserved vacancies. Such candidates would be deemed to
be unavailable for consideration against unreserved vacancies.”
(Emphasis supplied)
16. In the present case, the respondent had initially been issued an
OBC certificate dated 22 June 2011. However, as this certificate had
been wrongly issued, the Revenue Department, GNCTD issued a
corrected OBC certificate dated 24 August 2020. The original and
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corrected certificate read thus:
Original Certificate dated 22 June 2011
“No. OBC/05/52/10354/26/4/2011/9121042611/663
This is to certify that Sh/Smt/Ku: SUMAN
S/o,W/o,D/o: RAM NIWASH SINGH
Resident of: M-22 HARI NAGAR SAURBH VIHA BADARPUR
N.D 44
Belongs to the community KURMI which is recognised as a Other
Backward Class (OBC) under:
1. Resolution No. 12011/68/93-BCC(C) dated the 10/09/1993,
published in the Gazette of India Extraordinary Part 1, Section 1.
No. 186, dated 13/09/1993.
2. Resolution No. 12011/9/91-BCC(C) dated the 19/10/1991,
published in the Gazette of India Extraordinary Part 1, Section.1.
No. 88, dated 20/10/1995.
3. Resolution No. 12011/7/95-BCC(C) dated the 24/5/1995,
published in the Gazette of India Extraordinary Part 1, Section 1.
No. 88, dated 25/5/1995.
4. Resolution No. 12011/44/96-BCC dated the 5/12/1996,
published in the Gazette of India Extraordinary Part 1, Section 1.
No. 210, dated 11/12/1996.
5. Notification No. F(8)/11/99-2000/DS/CST/SCP/OBC/2855
dated 31/5/2000.
6. No,F8(6)/2000-01/DSCST/SG/OBC/11677 dated 5/2/2004.
This certificate is issued on the basis of OBC Certificate issued to
Shri/Smt/Kumari RAM NIWAS SINGH Father of Sh/Smt/Kumari
SUMAN resident of VILLAGE KELWAR, TEHSIL GHOSI,
DSTT. MAU, STATE UP who belongs to KURMI caste which is
recognised as Other Backward Class in the State/U.T. UP issued by
the TEHSILDAR CITY MEGISTRATE vide their No. 2686
Dated: 10/10/2006.
It is also certified that he/she does not belong to the
persons/sections (Creamy layer) mentioned in column 3 of the
Schedule to the Govt. of India, Department of Personnel and
Training O.M. No. 36012/22/93-Estt. (SCT) dated 8/9/1993.
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Sd/-
(Ajit Kumar)
Executive Magistrate, KALKA JI
Dated: 22/6/2011”
*
Corrected Certificate dated 24 August 2020
“Revenue Department, Govt of NCT of Delhi
Office of the District Magistrate
Sarita Vihar: South East District
OBC Certificate (Delhi)
Certificate No. 90500000493389
This is to certify that SUMAN D/o RAM NIWAS SINGH R/o M-
22, SAURABH VIHAR JAITPUR DELHI 110044 INDIA belongs
to the KURMI community which is recognized as Other Backward
Class under the Government of NCT of Delhi notified vide
Notification No. F .23(93)/91-92/SCST/P&S/ 4384 dated 1995-01-
20 published in the Gazette of Delhi Extraordinary Part-IV.
SUMAN and her family ordinarily resides at M-22 SAURABH
VIHAR JAITPUR DELHI 110044 INDIA.
This certificate is issued on the basis of OBC certificate issued to
SHASHI SISTER of SUMAN R/o M-22, SAURABH VIHAR
BADARPUR NEW DELHI belongs to KURMI community of Delhi
State vide Certificate no. 57590 dated 09/07/2008 issued by the
TEHSILDAR KALKAJI.
This is also to certify that she does not belong to the
person/sections (Creamy layer) mentioned in column 3 of the
Schedule to the Govt. of India, Department of Personal & Training
O.M. No. 36012/22/93-Estt(SCT), 36033/3/2004-Estt(Res),
36033/1/2013-EsmRes) dated 8/9/1993 9/03/2004 & 14/10/2008
and 27/5/2013 respectively.
Digitally signed by RAMKESH MEENA”
(Emphasis supplied)
The veracity of the corrected certificate has not been disputed by the
DSSSB.
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17. Mr. Singh tried to distinguish this case from the case of Neerja
5
v. SDM Najafgarh & Ors. on the ground that, in the case of Neerja,
there was an intervening order passed by the learned Single Judge of
this Court in WP (C) 3541/2017, which gave retrospective effect to
the corrected certificate, from the date of issuance of the original
certificate. In the absence of any such order, Mr. Singh submits that,
the corrected certificate, having been issued after the cut-off date
stipulated in the Advertisement, cannot be taken into account.
18. To our mind, this distinction cannot differentiate the case of the
respondent and disentitle her to the benefit which enures in favour of
Neerja. The mere fact that the respondent did not approach this Court
for correcting the certificate and the fact that the Revenue Authorities
issued a corrected certificate on their own cannot render her ineligible
for the benefit of the corrected certificate.
19. The corrected certificate is clearly in terms of Clause 5(iv)(A)
of the advertisement as it has been issued by the Revenue Department,
GNCTD on the basis of an old certificate issued to the sister of the
respondent, also by the GNCTD .
20. Accordingly, we find no error in the decision of the Tribunal to
treat the respondent as eligible to be considered as an OBC candidate.
21. The writ petition is accordingly dismissed.
5
Order dated 26 July 2018 in WP C 3541/2017
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22. Let the result of the respondent be declared and consequential
action be taken within a period of eight weeks from today.
W.P.(C) 6026/2025 [ GNCTD & Ors. v. Anju]
23. This case is identical to the case of Suman. The relevant clause
in the advertisement read thus:
“5. RESERVATION BENEFITS:
(i) Reserva1ion benefits will be available to the
SC/ST/O8C/physically Handicapped & other special category
candidates in accordance with the instructions / orders / circulars
issued from time to time by the Govt. of Delhi. The reservation
benefits under SC/STs shall be admissible as per judgment dated
12/09/2012 of Hon’ble High Court of Delhi as passed in WP(C)
No. 5390/2010, CM No. 20815/2010 – Deepak Kumar and Ors Vs.
District and Sessions Judge, Delhi and Ors. However, this shall be
further subject to police decision of Govt. of Delhi.
(ii) Candidates who wish to be considered against reserved
vacancies and/or to seek age relation, must be in possession of
relevant certificates (SC/ST/OBC/Non Creamy
layer/PH/Educational/Experience etc.) issued by the
competent/notified authority (in prescribed format) on or before the
cutoff dated (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.
(iii) Only OBC (Delhi candidates will be given the benefit of
reservation/age relaxation under OBC category OBC (Outside)
candidates will be treated as Unreserved 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
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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. The 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.
(v) A Candidate belonging to SC/ST/OBC who is selected on
the same standard as applied to general category candidates and
who appears in the general merit list is treated as own merit
candidate. Such candidate is adjusted against unreserved point of
the reservation roster. Only such SC/ST/OBC candidates who are
selected on the same standard as applied to general candidates shall
not be adjusted against reserved vacancies. In other words, when a
relaxed standard is applied in selecting an SC/ST/OB candidate for
example in the age limit, experience, qualification, permitted
number of chances in written examination extended zone of
consideration larger than what is provided for general category
candidates etc. the SC/ST/OBC candidates are to be counted
against reserved vacancies. Such candidates would be deemed to
be unavailable for consideration against unreserved vacancies.”
24. The certificate issued to the respondent read thus:
“Revenue Department, Govt of NCT of Delhi
Office of the District Magistrate
Sarita Vihar: South East District
OBC Certificate (Delhi)
Certificate No. 90500000318639
This is to certify that ANJU D/o NARENDER Kumar R/o
HOUSE NO. 1A, GALI No. -15 JAIN ORAD, VIPIN GARDEN
EXTN. UTTAM NAGAR DELHI 110059 INDIA belongs to the
JAT community of UTTAR PRADESH State which is recognized
as Other Backward Class under
Resolution No. 12011/68/93-BCC© dated 10/09/1993, published
in the Gazette of India Extraordinary Part 1 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 1,
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Section 1 No. 88 dated 20/10/1996.
Resolution No. 12011/7/95-BCC(C) dated 24.05.1995 published in
the Gazette of India Extraordinary Part 1 Section1 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.
Notification No. F(8)/11/ -2000/DSCS1 SCP/OBC/2855 dated
31.05.2000 Notification No. F(6)/2000-01/DSCST/SC/OBC 11677
dated 05.02.2004.
ANJU and her family ordinarily resides at HOUSE NO· 1A, GALI
NO· 15, JAIN ROAD. VIPIN GARDEN EXTN, UHAM NAGAR
DELHI 110059 INDlA.
This certificate is issued on the basis of OBC certificate issued to
DYASH CHOUDHARY BROTHER of ANJU R/o 1A VIPIN
GARDEN GALI NO. -15 UTTAM NAGAR DELHI 110059 INDIA
belongs to JAT community of Delhi State vide Certificate no.
90500000287664 dated 14/07/2017 issued by E.M. DWARKA
This is also to certify that she does not belong to the
person/sections (Creamy layer) mentioned in column 3 of the
Schedule to the Govt. of India, Department of Personal & Training
O.M. No. 36012/22/93-Estt(SCT), 36033/3/2004-Estt(Res),
36033/1/2013-EsmRes) dated 8/9/1993 9/03/2004 & 14/10/2008
and 27/5/2013 respectively.”
25. As in the case of Suman, the certificate issued to the
respondent was in terms of the Clause 5(iv)(A) of the advertisement.
We, therefore, are in agreement with the Tribunal that the respondent
was eligible to be considered as an OBC candidate.
26. Accordingly, we find no error in the decision of the Tribunal to
treat the respondent as eligible to be considered as an OBC candidate.
27. The writ petition is dismissed.
28. Let the result of the respondent be declared and consequential
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action be taken within a period of eight weeks from today.
W.P.(C) 6419/2025 [ GNCTD & Ors v. Ram Tirath ]
29. In this case, the respondent was an aspirant to the post of TGT
(Hindi), as an OBC candidate.
30. The relevant clause in the Advertisement read thus:
“6(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 cut-off 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.
6(iii). Only OBC (Delhi) candidate 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 OBC Category. OBC (Outside) Candidates will be treated as
un-reserved candidate and they must apply under UR Category.
The OBC candidate must be in possession of non-creamy layer
certificate along with his/her caste certificate.
6.(iv) Only following two types of certificates will be accepted as
valid certificates for grant of benefit of reservation to OBC:
(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 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
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member of the concerned person who had been residing in
Delhi before 08.09.1993.”
31. The respondent was first issued an OBC certificate dated 11
September 2019 which read thus:
“CERTIFICATE NO: 90500000560397
This is to certify that RAM TIRATH S/o GANGA RAM R/o
JHUGGI NO-306 RING ROAD NEHRU CAMP HAIDER PUR
SHALIMAR BAGH DELHI 110088 INDIA belongs to the
KUMHAR community of UTTAR PRADEH 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 1, 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 I. 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. 68,
dated 11/12/1996.
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.
Resolution No. 8(6)/2000-01/DSCST/ACP/OBC/11823, dated
14/11/2005.
RAM TIRATH and his family ordinarily resides at JHUGGI NO-
306 RING ROAD NEHRU CAMP HAIDER PUR SHALIMAR
BAGH DELHI 110088 INDIA
This certificate is issued on the basis of OBC certificate issued to
GANGARAM FATHER of RAM TIRATH R/o TEHSIL
HARIYA DISTT BASTI UP belongs to KUMHAR community of
UTTAR PRADESH State vide Certificate No. 5521936007948
dated 17/06/2019 issued by the TEHSILDAR HARIYA.
This is also to certify that he does not belong to the person/sections
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(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), 35033/1/2013-
Estt(Res) dated 8/9/1993 9/03/2004 & 14/10/2008 and 27/5/2013
respectively.
Digitally signed by PREM CHAND
TEHSILDAR,
2019.09.11 18:06:12”
32. The DOE issued the following deficiency memo to the
respondent on 18 October 2022:
“GOVERNMENT OF NCT OF DELHI
Directorate of Education
Direct Recruitment Cell (E-III), Conference Hall, Old Secretariat,
Civil Lines Near Vidhan Sabha, New Delhi, Delhi, Pincode
110054
No.F: F.No.DE.3(28)/DRC/E-III/TGT/HINDI/MALE/2022 /3/37
Dated: 18.10.2022
DEFICIENCY MEMO
During the course of document verification on 18/10/2022 in r/o
Ms./Mr./Mrs. RAM TIRATH (Roll No. 112703400416) for the
post of TGT (HINDI)-MALE (POST CODE 34/21) the following
deficiency(s) was being found:
1 NCL CERTIFICATE BEFORE CUT OFF DATE (I.e.
24/06/2021) MAY BE PROVIDED
2 CANDIDATE'S OBC CERTIFICATE ISSUED ON THE
BASIS OF OTHER STATE OBC CERTIFICATE OF FATHER.
You are therefore directed to submit the requisite
documents/clarification as mentioned above to, within 15 days
from the date of issue of this letter.
Sd/-
(Section Officer)”
(Emphasis supplied)
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33. Thereafter, the respondent, in compliance with the directions
contained in the aforesaid deficiency memo, obtained a fresh OBC
certificate dated 17 March 2023, which reads thus:
“CERTIFICATE NO: 90500000991235
This is to certify that RAM TIRATH S/o GANGA RAM
Rio JHUGGI NO-306 RING ROAD NEHRU CAMP HAIDER
PUR SHALIMAR BAGH DELHI 110088 INDIA belongs to the
KUMHAR community which is recognised as Other Backward
Class under the Government of NCT or Delhi notified vide
Notification No. F.28(93)/91-92/SCST/P&S/ 4384 dated 1995-01-
20 published in the Gazette or Delhi Extraordinary Part-IV.
RAM TIRATH and his family ordinarily resides at JHUGGI
NO-306 RING ROAD NEHRU CAMP HAIDER PUR SHALIMAR
BAGH DELHI 110088 INDIA.
This is also to certify that he does riot belong to the
person/sections (Creamy layer) mentioned in column 3 of the
Schedule to the Govt. of India, Department of Personnel &
Training 0.M. No. 36012/22/93-Estt(SCT), 36033/3/2004-
Estt(Res), 36033/112013-Estt(Res) dated 8/9/1993 9/03/2004 &
14110/2008 and 27/512013 respectively.”
(Emphasis supplied)
34. Mr. Singh submits that this second OBC certificate also does
not comply with the requirement of Advertisement as it does not state
that the OBC certificate was issued to a member of the respondent
family by the GNCTD on the basis of an old certificate.
35. Mr. Shukla, however, points out that this requirement could not
be insisted upon in view of the subsequent OM issued by the Services
Department, Delhi Secretariat, 19 days after the advertisement, on 31
May 2021, which read:
“OFFICE MEMORANDUM
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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-
th
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 to 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)
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 before
th
8 September, 1993.
This issues with the approval of the Competent Authority.”
(Emphasis supplied)
36. Inasmuch as the aforesaid OM purports to be a clarification, it
6
would apply retrospectively.
37. By virtue of the aforesaid OM, the petitioner could not have
6
Refer Sree Sankaracharya University of Sanskrit v. Manu, (2023) 19 SCC 30
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treated the OBC certificate dated 17 March 2023 of the respondent as
insufficient solely for the ground that it did not mention the old
certificate issued to the respondent’s father, siblings etc. The
requirement of the certificate having been issued on the basis of the
old certificate issued to a close relative of the respondent would stand
eschewed in view of OM dated 31 May 2021.
38. We, therefore, do not find this to be a case to interfere with the
impugned order passed by the Tribunal.
39. The writ petition is accordingly dismissed.
40. Let the respondent’s result be declared and consequential action
be taken within eight weeks from today.
W.P.(C) 6450/2025 [ DSSSB & Anr. v. Lal Chand]
41. In this case, the respondent was an aspirant to the post of TGT
(Social Science), under the OBC category.
42. The relevant clause in the advertisement read thus:
“6. 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 NCT of
Delhi.
(ii). Candidates who wish to be considered against
reserved vacancies and/or to seek age relaxation, must be in
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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 cut-off 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) candidate 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 OBC Category. OBC
(Outside) Candidates will be treated as un-reserved
candidate and they must apply under UR Category. The
OBC candidate 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 OBC:
(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
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.
(v) A Candidate belonging to SC/ST/OBC who is
selected on the same standard as applied to general category
candidates and who appears in the general merit list is
treated as own merit candidate. Such candidate is adjusted
against unreserved point of the reservation roster. Only
such SC/ST/OBC candidates who are selected on the same
standard as applied to general candidates shall not be
adjusted against reserved vacancies. In other words, when a
relaxed standard is applied in selecting an SC/ST/OBC
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candidate, for example in the age limit, experience,
qualification, permitted number of chances in written
examination, extended zone of consideration larger than
what is provided for general category candidates, etc., the
SC/ST/OBC candidates are to be counted against reserved
vacancies. Such candidates would be deemed to be
unavailable for consideration against unreserved
vacancies.”
43. The respondent was first issued an OBC certificate dated 12
January 2016 which read thus:
“CERTIFICATE NO: 90500000043570
This is to certify that LAL CHAND S/o BIPAT RAM GUPTA R/o
A-35 BABA FARID PURI WEST PATEL NAGAR DELHI
110008 INDIA belongs to the TELI community of UTTAR
PRADEH 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 1, 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 I. 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. 68,
dated 11/12/1996.
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.
Resolution No. 8(6)/2000-01/DSCST/ACP/OBC/11823, dated
14/11/2005.
LAL CHAND and his family ordinarily resides at A-35 BABA
FARID PURI WEST PATEL NAGAR DELHI 110008 INDIA
This certificate is issued on the basis of OBC certificate issued to
BIPATRAM FATHER of LAL CHAND R/o AKBAR PUR,
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AMBEDKAR NAGAR, UP belongs to TELI community of
UTTAR PRADESH State vide Certificate No. 480131515684
dated 11/09/2015 issued by the TEHSILDAR UP.
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), 35033/1/2013-
Estt(Res) dated 8/9/1993 9/03/2004 & 14/10/2008 and 27/5/2013
respectively.
Digitally signed by SURENDER KUMAR,
TEHSILDAR,
2016.01.12 14:08:54”
44. The DOE issued the following deficiency notice to the
respondent on 17.01.2022:
“GOVERNMENT OF NCT OF DELHI
DELHI SUBORDINATE SERVICES SELECTION BOARD
FC-18, INSTITUTIONAL AREA, KARKARDOOMA, DELHI 92
No.F.A (30)/DSSSB/CC-IV/2021/1116-111 Dated: 17.01.2022
NOTICE NO.99
Subject: - First Recall Notice in r/o TGT Social Science (Male),
Post Code 39/21.
1. This is in continuation of Notice no. 75 Dated 15.12.2021 for
uploading of e-dossier by shortlisted candidates. Out of 1085
shortlisted candidates, the e-dossiers have been uploaded by
1029 candidates.
2. After Scrutiny of E-dossiers submitted by the candidates, the e-
dossiers of 92 candidates having following roll numbers have
been found deficient as per remarks mentioned against each.
Accordingly, these candidates are being provided opportunity
to upload the deficient documents within the given time period
from 18.01.2022 to 27.01.2022.
*
3. All the above 92 candidates, whose documents are deficient,
are directed to upload their pending documents/ all requisite /
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applicable documents etc., through the e-dossier module in the
stipulated time.
4. The e-dossier link shall be active from 18.01.2022 to
27.01.2022 in r/o the above-mentioned candidates. All the
above candidates are also being separately informed through
SMS (as an additional facility) on their registered mobile
numbers.
5. Mere asking the candidates for uploading the deficient
documents in the e-dossier module does not confer any right to
selection to the applied post. Final selection will be made
purely on the basis of merit against the notified vacancies,
provided the candidate falling in the zone of consideration
fulfils all the required eligibility conditions.
6. While every care has been taken in preparing the above list,
DSSSB reserves the right to rectify errors and omissions, if any
detected at any stage or arising due to court cases.
DY. SECRETARY”
45. Thereafter, the respondent, in compliance with the directions
contained in the aforesaid deficiency Notice no. 99 dated 17 January
2022, obtained a fresh OBC certificate dated 7 February 2022, which
read thus:
“CERTIFICATE NO: 90500000828640
This is to certify that LAL CHAND S/o BIPAT RAM GUPTA Rio
A-35 BABA FARID PURI WEST PATEL NAGAR DELHI
110008 INDIA belongs to the TELL community which is
recognised as Other Backward Class under the Government of
NCT of Delhi notified vide Notification No. F.28(93)/91-
92/SCST/P&S14384 dated 1995-01-20 published in the Gazette of
Delhi Extraordinary Part-IV.
LAL CHAND and his family ordinarily resides at A-35 BABA
FARID PURI WEST PATEL NAGAR DELHI 110008 INDIA.
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.”
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46. Mr. Singh submits that this, second OBC certificate also does
not comply with the requirement of advertisement as does not state
that the OBC certificate was issued to the member of the respondent
family by the GNCTD on the basis of an old certificate.
47. As we have held earlier, however, this requirement could not be
insisted upon in view of the subsequent OM dated 31 May 2021
issued by the Services Department, Delhi Secretariat.
48. By virtue of aforesaid OM, the petitioner could not have
treated the OBC certificate dated 7 February 2022 of the respondent as
insufficient solely for the ground that it did not mention the old
certificate issued to the respondent’s father, siblings etc. The
requirement of the certificate having been issued on the basis of the
old certificate issued to a close relative of the respondent would stand
eschewed in view of OM dated 31 May 2021.
49. We, therefore, do not find this to be a case to interfere with the
impugned order passed by the Tribunal.
50. The writ petition is accordingly dismissed.
51. Let the respondent’s result be declared and consequential action
be taken within eight weeks from today.
W.P.(C) 6589/2025 [GNCTD & Ors. v. Kanhaiya Kumar]
52. In this case, the respondent was an aspirant to the post of TGT
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(Hindi) (Male), under the OBC category.
53. The relevant clause in the advertisement read thus:
“6(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 cut-off 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.
6(iii). Only OBC (Delhi) candidate 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 OBC Category. OBC (Outside) Candidates will be treated as
un-reserved candidate and they must apply under UR Category.
The OBC candidate must be in possession of non-creamy layer
certificate along with his/her caste certificate.
6.(iv) Only following two types of certificates will be accepted as
valid certificates for grant of benefit of reservation to OBC:
(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 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.”
54. The respondent was first issued an OBC certificate dated 30
December 2018.
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55. The DOE issued the following deficiency memo to the
respondent on 18 October 2022:
“GOVERNMENT OF NCT OF DELHI
Directorate of Education
Direct Recruitment Cell (E-III), Conference Hall, Old Secretariat,
Civil Lines
Near Vidhan Sabha, New Delhi, Delhi, Pincode-110054
No.F:F.No.DE.3(28)/DRC/E-III/TGT /HINDI/MALE/2022/ 1007
Dated: 18.10.2022
DEFICIENCY MEMO
During the course of document verification on 18/10/2022 in r/o
Ms./Mr./Mrs. KANHAIYA KUMAR (Roll No. 121103400686) for
the post of TGT (HINDI)-MALE (POST CODE 34/21) the
following deliciency(s) was being found:
1 OBC CERTIFICATE HAS BEEN ISSUED ON THE
BASIS OF OTHERS STATE CERTIFICATE.
You are therefore directed to submit the requisite
documents/clarification as mentioned above to, within 15 days
from the date of issue of this letter.
Sd/-
(Section Officer)”
56. Thereafter, the respondent, in compliance with the directions
contained in the aforesaid deficiency memo, obtained a fresh OBC
certificate dated 14 March 2023, which reads thus:
“CERTIFICATE NO: 90500000992864
This is to certify that KANHAIYA KUMAR S/o NAGESHWAR
PANDIT R/O HOUSE NO-204 B-BLOCK NEAR AMBEDKAR
PARK SHAHBAD DAIRY DELHI 110042 INDIA belongs to the
KUMHAR community which is recognised as Other Backward
Class under the Government of NCT of Delhi notified vide
Notification No. F.28(93)/91-92/SCST/P&S/4384 dated 1995-01-
20 published in the Gazette of Delhi Extraordinary Part-IV.
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KANHAIYA KUMAR and his family ordinarily resides at
HOUSE NO-204 B-BLOCK NEAR AMBEDKAR PARK
SHAHBAD DAIRY DELHI 110042 INDIA.
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.”
57. Mr. Singh submits that this, second OBC certificate also does
not comply with the requirement of advertisement as does not state
that the OBC certificate was issued to the member of the respondent
family by the GNCTD on the basis of an old certificate.
58. Following the decisions supra in WP (C) 6419/2025, and the
corrected OBC certificate dated 14 March 2023 entitled the
respondent to be treated as an OBC candidate.
59. We, therefore, do not find this to be a case to interfere with the
impugned order passed by the Tribunal.
60. The writ petition is accordingly dismissed.
61. Let the respondent’s result be declared and consequential action
be taken within eight weeks from today.
C. HARI SHANKAR, J.
VINOD KUMAR, J.
SEPTEMBER 2, 2026
AR / cd / dsn
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