Vikram Mor vs D/o Post

1



CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH


ORIGINAL APPLICATION NO.382/2018

PRONOUNCED ON: 07.08.2026
RESERVED ON: 03.08.2026

CORAM:

HON’BLE MR. SURESH KUMAR BATRA, MEMBER (J)
HON’BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)

Vikram Mor age about 24. years son of Sh. Om Parkash, (Group
C), resident of House No. 348/19, Gali No. 4-A, Hanuman Nagar,
Narwana, Distt. Jind, Haryana.

…. Applicant
(By Advocate: Sh. Anil Malik for Sh. Jasbir Mor).

Versus

1. Union of India through Secretary to Govt. of India, Ministry of
Telecommunication, Semihar Bhawan, Ashoka Road, New Delhi.

2. The Chief Postmaster General (Recruitment), Haryana Circle,
The Mall, Ambala, Distt. Ambala.

3. Superintendent of Post Offices, Hisar Division, Hisar.

…. Respondents

(By Advocate: Sh. Sanjay Goyal, Sr. CGSC along with Sh. K.K.
Rohilla, ASP (HQ) Hisar).

DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112
c485da704d31, PostalCode=134116, STREET=DO Chandan
Singh HOUSE No1262 First Floor Sector19 Panchkula,
OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
KAMLA SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6
afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.08.20 09:58:51+05'30'
DEVI

2



O R D E R
PER: MRS. RASHMI SAXENA SAHNI, MEMBER (A)
1. Present original application has been filed by the applicant
under Section 19 of the Administrative Tribunals Act, 1985,
seeking following relief:-
(ii) Quash the impugned order dated 28.01.2015 whereby
the candidature of the applicant has been cancelled
/terminated for the post of Postal Assistant and his name
has been struck off from the list of selected/approved
candidates on the ground that the applicant has given false
declaration regarding possessing OBC certificate for claiming
relaxation on the last date of submission of the application
form i.e. 27.03.2014, being illegal, arbitrary, discriminatory
and violative of Article 14 and 16 of the Constitution of
India;
(iii Direct the respondent to consider the candidature be of
the applicant in un reserved category i.e. general category
against the post of Postal Assistant/Sorting Assistant as
notification regarding inclusion of Jat Community as OBC
category has been withdrawn by the Govt. of India;
(iv) Direct the respondents to fill up the remaining posts of
Postal Assistant/Sorting Assistant (Post Office Circle Offices
SBCO) lying vacant on account of non-joining cancellation of
the candidates, of the candidature selected candidates, CFLS
reports of the candidates etc. from candidates in waiting list
in order of merit like the applicant and appoint the applicant
on the above said post if his name is Found higher in merit
against the vacant posts lying with the respondent
department and grant all consequential benefits arising
thereof;

2. Briefly stated facts of the case are that respondent no.2
invited application from eligible candidates for the post of
Postal Assistant/Sorting Assistant in Haryana Postal Circle
and the last date for online submitting the applications was
27.03.2014. The applicant who belongs to Jat caste which
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112
c485da704d31, PostalCode=134116, STREET=DO Chandan
Singh HOUSE No1262 First Floor Sector19 Panchkula,
OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
KAMLA SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6
afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.08.20 09:58:51+05'30'
DEVI

3



has been declared in the list of Other Backward Classes in
the Central list vide notification dated 04.03.2014 issued by
the Government of India and Chief Secretary circulated the
same on 21.3.2014. Applicant applied for issuance of OBC
certificate on 22.03.2014 in the office of Tehsildar, Narwana
and simultaneously has filled the application for of the post
Postal Assistant/Sorting Assistant online being eligible for
the said post. OBC certificate was issued to the applicant on
28.4.2014 by the competent authority. After submission of
his application, applicant appeared in the examination
conducted by the respondents and has been declared
successful in the examination under OBC category as per
result dated 21.10.2014 and his name figured at Sr. No. 5 of
the OBC category. Vide letter dated 21.10.2014, applicant
has been that his name has been approved and selected for
the post of Postal Assistant provisionally on the basis of
Aptitude Test held on 27.4.2014 and he was asked to submit
his original documents for verification and pre-appointment
formalities. The applicant submitted the said documents on
29.10.2014.
3. Respondent no.3 issued a notice dated 27.11.2014 to the
applicant to show cause as to why his candidature may not
be cancelled on the ground that he has made a false
declaration regarding possession of OBC certificate on the
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112
c485da704d31, PostalCode=134116, STREET=DO Chandan
Singh HOUSE No1262 First Floor Sector19 Panchkula,
OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
KAMLA SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6
afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.08.20 09:58:51+05'30'
DEVI

4



last date of submission of the application form i.e. on
27.3.2014. Applicant submitted his detailed reply dated
02.12.2014 to the show cause notice and thereafter
submitted reminders on 15.12.2014, 22.1.2015 and also
detailed representation on dated 16.1.2015 explaining his
position that due to the emergent circumstances at that
point of time had given the said declaration which is in fact
not false. But the same has not been considered by the
respondents. Ultimately vide impugned order dated
28.1.2015, his selection has been cancelled. Aggrieved by
the order dated 28.1.2015, the applicant filed O.A. No.
060/00205/2015 in which respondents filed the written
statement by taking the plea that no relief can allowed to
the applicant since notification regarding inclusion of Jat
community as OBC category has been withdrawn by
Government of India, therefore, the abovesaid O.A. was
disposed of as having been rendered in fructuous.
4. Respondent department scrap/cancel the complete selection
list because there was allegation of mal practices in
examination, therefore, the respondent department issued
the termination letter to the candidates who joined their
duties. Aggrieved by the said action, the candidates of
Gujarat have preferred O.A. before the Central
Administrative Tribunal, Ahmedabad bearing O.Α. No.478 of
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112
c485da704d31, PostalCode=134116, STREET=DO Chandan
Singh HOUSE No1262 First Floor Sector19 Panchkula,
OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
KAMLA SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6
afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.08.20 09:58:51+05'30'
DEVI

5



2015 and said O.Α. was allowed qua the candidates of
Gujarat vide judgment dated 18.3.2016 and termination
orders were quashed/set aside. The respondent department
has preferred Writ petition before the Hon'ble High Court of
Gujarat at Ahmedabad against the impugned order date
18.3.2016 but the Hon'ble High Court set aside the order of
the Tribunal and uphold the orders of termination of the
candidates. Aggrieved by the said order, the said
candidates have filed Civil Civil Appeal No. 10513 of 2016
titled Monu Tomar Vs. Union of India and others alongwith
other SLP/ Civil Appeal came up for hearing before the
Hon'ble Supreme Court of India and this Hon'ble Supreme
Court of India was pleased to direct that those persons who
are not suspected of having committed any malpractices and
who have undergone the prescribed course may be
reinstated with all consequential benefits and 50% back
wages with liberty to the respondents to take action against
them in case subsequently it is found in the investigation
that they have indulged in some mal practices and the said
writ petition was disposed of accordingly vide order dated
13.7.2017. Now nutshell effect is that selection list is still in
order. In view of the above order of the Hon'ble Supreme
Court of India, the respondent authority had taken a
decision to reinstate the candidates whose services were
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112
c485da704d31, PostalCode=134116, STREET=DO Chandan
Singh HOUSE No1262 First Floor Sector19 Panchkula,
OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
KAMLA SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6
afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.08.20 09:58:51+05'30'
DEVI

6



terminated. In compliance of the abovesaid order of the
Hon'ble High Court and decision dated 16.11.2017, the
candidates were ordered to be reinstated into service
authority. According to applicant, pursuant to the selection
in question, 43 candidates did not join their duties or their
candidature has been cancelled. Therefore about 43
vacancies are still lying vacant with the respondent
department and the said vacancies may be filled
5. Respondents have filed written statement on 12.07.2018
submitting therein that although the applicant at the time of
applying for the said post belonged to JAT Community which
was included in the list of OBCs vide Government of India
Gazette notification dated 04.03.2014 (Annexure A-3), but he
was not in possession of OBC Certificate while applying for the
said post, hence furnished false declaration in his application
form (Annexure A-5), therefore, his candidature was cancelled
on 28.01.2015 vide SPOs Hisar memo dated 28.01.2015
(Annexure A-13). Later on, the Government of India
notification dated 04.03.2014 (Annexure A-3) vide which Jat
community was included in the list of OBCs was also quashed
by the Hon'ble Supreme Court vide its order dated 17.03.2015
in writ petition (Civil) 274 of 2014 titled "Ram Singh & Ors Vs
UOI & Ors.".
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112
c485da704d31, PostalCode=134116, STREET=DO Chandan
Singh HOUSE No1262 First Floor Sector19 Panchkula,
OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
KAMLA SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6
afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.08.20 09:58:51+05'30'
DEVI

7



6. The OBC certificate furnished by the applicant was issued to
him on 28.04.2014 by Naib Tehsildar Narwana i.e. after last
date of receipt of application forms i.e. 27.03.2014 for the said
post and hence he furnished the false declaration in his
application form (Annexure A-5) thereby violating the given
terms and conditions for applying for the said post. The
applicant's reply/defence statement dated 02.12.2014 and
subsequent representations were considered thoroughly and
dispassionately on the merits of the case and the same were
not found satisfactory/tenable, thus his candidature for the
post of Postal Assistant was cancelled/terminated keeping in
view the non fulfilment/violation of the given terms and
conditions for the said post by him and he was informed
accordingly vide letter dated 28.01.2015 (Annexure A-13).
7. The result/selection list of the recruitment of Postal Assistants
carried out against vacancies of year 2013-2014 in the
department of Post was cancelled by the competent authority
due to malpractices / unfair means found involved in the
examination of this recruitment and accordingly the Postal
Assistants of this recruitment year who had already joined the
department were terminated w.e.f. 23.12.2015. It is further
stated that Hon'ble Supreme Court order dated 13.07.2017
(Annexure A-19) in case titled Monu Tomar Vs UOI & Ors. does
not apply in the case of this applicant as he has neither joined
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112
c485da704d31, PostalCode=134116, STREET=DO Chandan
Singh HOUSE No1262 First Floor Sector19 Panchkula,
OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
KAMLA SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6
afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.08.20 09:58:51+05'30'
DEVI

8



this department nor undergone any prescribed courses of this
department. Moreover , his case was not of malpractice but
violation / non fulfilment of given terms and conditions for
the above said recruitment, hence his candidature was
cancelled as a separate case irrespective of the cases of
other candidates whose candidature/result was cancelled in
the wake of malpractices found involved in the said
recruitment.
8. It is further stated that as per merit list of OC candidates
received from Directorate in connection with direct PA/SA
Examination 2013-2014, the last candidate namely Shri
Pardeep Kumar having roll number 171230020558 has
obtained 83 marks in Aptitude Test and 97.33 marks in typing
test and was selected against OC category. The applicant
having roll number 171210530162 has also obtained 83 marks
in Aptitude Test and 133.81 marks in typing test but selected
against OBC category. Typing test is qualifying examination
and marks of that had not been included in Aptitude Test. The
merit list is prepared on the basis of marks obtained in Paper-I
(Aptitude Test). The candidate namely Shri Pardeep Kumar is
born on 27.12.1991 and the applicant namely Sh. Vikram Mor
is born on 19.12.1993. Hence the applicant who is higher in
age has been selected as OC category and thereafter the
remaining candidates who obtained 83 marks and also fulfil the
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112
c485da704d31, PostalCode=134116, STREET=DO Chandan
Singh HOUSE No1262 First Floor Sector19 Panchkula,
OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
KAMLA SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6
afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.08.20 09:58:51+05'30'
DEVI

9



OC qualifying criteria has been selected against OBC category.
Now, Government has withdrawn the order of including Jat
community in OBC category and hence, applicant can't be
appointed as Postal Assistant. Waiting list has already expired
after one year of declaration of result. There is no such
provision to appoint the applicant against the unfilled
vacancies.
9. M.A. No. 499 of 2018 has been filed by the applicant seeking
condonation of a delay of 788 days in filing the original
application. We have perused the reply filed by the
respondents and considered their arguments regarding the
delay. For the reasons stated in the application and in the
interest of substantial justice, M.A. No. 499 of 2018 is hereby
allowed, and the delay of 788 days in filing the original
application is condoned.
10. We have heard learned counsel for the parties and examined
material on record.
11. The respondents department cancelled candidature of the
applicant for appointment in OBC category as he could not
submit Jat community certificate before due date. The
notification regarding the Jat community under OBC was
withdrawn by Government of India, therefore Jat community
does not fall under OBC community any more. In this
situation, candidate belonging to Jat category is automatically
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112
c485da704d31, PostalCode=134116, STREET=DO Chandan
Singh HOUSE No1262 First Floor Sector19 Panchkula,
OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
KAMLA SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6
afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.08.20 09:58:51+05'30'
DEVI

10



to be considered under General category. We find since there
was a tie in terms of marks, the candidate born earlier was
selected. The applicant claims that he has not taken any OBC
category benefit such as age relaxation, qualification etc. and
has secured more than 40% marks in aggregate, whereas OBC
candidate is required to secure 37% in aggregate hence he is
eligible to be considered for general category candidate. The
applicant has placed reliance on order dated 29.01.2015
passed by this Tribunal in the case of Dharambir and others
vs. Union of India (O.A. No.196/2014) regarding the same
selection wherein candidature of the applicants (therein) was
rejected by respondents on the ground that his OBC certificate
was dated 4.10.2012 which was after the closing date of
submission of form. The case was allowed by Tribunal directing
respondents to treat the applicant as eligible and accordingly
declare his result. Against that order, CWP No.16983 of 2015
preferred by the respondent was also dismissed vide order
dated 03.11.2016. The said writ petition was decided in terms
of judgment rendered by the Hon’ble Apex Court in the case of
Ram Kumar Gijroy vs. Delhi Subordinate Services Selection
Board and Anr 2016 (4) SCC 734. In the said decision it was
held that candidature of the candidates, who belonged to
reserved categories could not be rejected simply on account of
late submission of caste certificate. Further, as per
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112
c485da704d31, PostalCode=134116, STREET=DO Chandan
Singh HOUSE No1262 First Floor Sector19 Panchkula,
OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
KAMLA SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6
afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.08.20 09:58:51+05'30'
DEVI

11



Government instructions dated 21.10.2014, the candidates in
the waiting list will be considered only in case the selected
candidates do not respond or refuse to accept the offer of
appointment. According to applicant, about 33 selected
candidates did not join their duties then these posts should
have been filled up by respondents from candidates from
waiting list like the applicant . According to applicant, waiting
list for direct recruitment examination for Postal
Assistants/Sorting Assistants for the year 2013-2014 as per
letter dated 23.08.2019 was to be kept operative for the
period of 6 months extended by another six months or till the
next examination is held, whichever is earlier. These
instructions were issued by department of posts to CPMG of
Uttarakhand, Maharashtra and Haryana. Office of Post Master
General Haryana vide letter dated 29.08.2023 has stated that
the applicant was selected under OBC category and cannot be
treated as UR candidate now. Further, even though the wait
list had to be kept operative for the period of 6 months
extended by another six months or till the next examination is
held, most of the unfilled vacancies for the recruitment year
2013-2014 have been notified and filled in subsequent
recruitments made through SSC hence the operationalization
of waiting list at this belated stage in Haryana is out of
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112
c485da704d31, PostalCode=134116, STREET=DO Chandan
Singh HOUSE No1262 First Floor Sector19 Panchkula,
OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
KAMLA SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6
afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.08.20 09:58:51+05'30'
DEVI

12



question. Accordingly, representation preferred by the
applicant was rejected by the competent authority.
12. From the facts on record, it is clear that Government of
India has withdrawn OBC categorization of Jat community.
However, Government of Haryana issued letter dated
21.03.2014 (Annexure A-4) relating to inclusion of Jat caste
as OBC for the State of Haryana. This communication
issued by General Service III Branch of Government of
Haryana was sent to all offices concerned. The cut off date
prescribed by respondents for submission of OBC certificate
was 28.04.2014 and the applicant submitted his certificate
on 29.10.2014. Since there was delay in submission, his
appointment has been cancelled and wait list not
operationalised by Haryana despite instructions and
vacancies have been filled up in subsequent years.
13. In our view, as on 28.04.2014, the cut off for submission of
form, the Government of Haryana had already declared Jat
as OBC and had notified on 4.3.2014 itself. The applicant
applied for certificate on 23.3.2014 and the same was
submitted by the applicant on 29.10.2014 with respondent
No.3. The delay cannot be solely attributed to the applicant.
14. Having considered facts and circumstances of the case, we
find that the applicant belongs to OBC category and due to
action by Government of India withdrawing OBC status of
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112
c485da704d31, PostalCode=134116, STREET=DO Chandan
Singh HOUSE No1262 First Floor Sector19 Panchkula,
OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
KAMLA SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6
afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.08.20 09:58:51+05'30'
DEVI

13



Jat community and subsequent action by Government of
Haryana in including it in state of Haryana, applicant’s
candidature was caught on this time gap. He could not be
considered as UR due to the tie in marks and the other
candidate being older, was therefore appointed. In view of
the facts as discussed supra, we are of the view that this
clash of dates and status cannot be allowed to deprive him
of an opportunity to which he is lawfully entitled under
Article 14 of the Constitution of India. In the circumstances,
following decision in the case of Dharambir and others
(supra), we are of the view that the case of the applicant
must be considered against OBC vacancies of 2013-2014.
Delay in submission of form hence is condoned and the
respondents are directed to offer letter of appointment
immediately to applicant for the year 2013-2014. Action in
this regard to be completed within a period of 4 weeks from
receipt of certified copy of this order. O.A. is allowed. No
costs.



(RASHMI SAXENA SAHNI) ( SURESH KUMAR BATRA )
MEMBER (A) MEMBER (J)


/kr/

DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112
c485da704d31, PostalCode=134116, STREET=DO Chandan
Singh HOUSE No1262 First Floor Sector19 Panchkula,
OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
KAMLA SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6
afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.08.20 09:58:51+05'30'
DEVI