MUNICIPAL CORPORATION OF DELHI Vs. VEENA

JUDGEMENT

(1.) In these cases we have to decide the issue as to whether the certificates of candidates belonging to backward classes in States other than Delhi could hold good for the purpose of recruitment to the post of primary and nursery teachers in Municipal Corporation of Delhi in the National Capital Territory of Delhi. An ancillary question would also arise as to whether the Other Backward Classes (for short 'OBCs') of the States other than Delhi can be treated as OBCs in Delhi and can be extended the benefits related thereto in Delhi.

(2.) The facts leading to the present cases, in brief, are as follows : Applications were invited from Indian citizens for appointment to the posts of primary and nursery teachers in the Municipal Corporation of Delhi on 16-7-1996. In the course of the Notification the following was mentioned by a Note :

(3.) The respondent-candidates claimed to belong to OBCs on the basis of certificate issued in a State other than the Government of National Capital Territory of Delhi. The applications filed by the respondent-candidates stood rejected. The respondents filed writ petitions before the High Court and the High Court by a common order made on 10-3-1998 held that the advertisement issued by the Municipal Corporation of Delhi did not indicate the Form in which the OBCs certificates have to be filed in respect of posts arising in the National Capital Territory of Delhi and, therefore, there was no obligation on the respondents to produce such certificate from the prescribed authorities in Delhi; that the obligation to produce the certificate from authorities in Delhi could not be fulfilled by candidates coming from outside Delhi and, therefore, what is impossible could not be expected to be fulfilled by the respondents and on that basis, the High Court directed to treat the applications filed by the respondents to be in order and proceed to make selections. It is this order that is in challenge before us.