UNION OF INDIA Vs. DALBIR SINGH

JUDGEMENT

(1.) This appeal, which has come before us on special leave, is directed against a judgment and order of a Division Bench of Punjab and Haryana High Court, in Civil Writ Petition No. 6481 - CAT of 2005 dated April 25, 2005, affirming the order passed by the Central Administrative Tribunal, Chandigarh Bench in O.A. No. 86-HR of 2003 dated May 22, 2004.

(2.) The short question is, whether the Administrative Tribunal is justified in directing the appellants to appoint Respondent No. 1 as a selected candidate in the general category even though he had not applied under that category.

(3.) The appellants advertised in the News Paper for selection to 20 vacant posts of Mazdoor both in general and reserved category. Respondent No. 1 applied for selection in the reserved (OBC) category and had annexed his OBC certificate dated 4.5.1997. A separate Board Proceedings was prepared for the candidates who had claimed concession on the basis of OBC certificate and name of the respondent No. 1 was also in the said proceedings. Since the permanent address furnished in the application was different and the OBC certificate furnished was from the different State; the authenticity of the said document was sought from the issuing authority. It was intimated by SDO(C), Ambala, vide their letter dated 11.7.2000 that the said certificate was not issued by their office. The same was informed to respondent No. 1, and thereafter, he produced another certificate dated 14.8.2000 issued by SDO(C), Ambala in which a new address was given and the respondent No. 1 was shown to be in OBC category on account of his being of the Saini caste and later on it was found that Saini caste was not in the OBC category in Punjab State. In view of this discrepancy in the caste certificate produced, the candidature of respondent No. 1 came to be rejected by the appellants and, accordingly, no letter of appointment was issued to respondent No. 1.