STAFF SELECTION COMMISSION Vs. RANJITA SAHU

JUDGEMENT

(1.) THIS intra-court appeal impugns the judgment dated 16.05.2012 of the learned Single Judge allowing W.P.(C) No.7023/2011 preferred by the respondent No.1 herein by directing the appellant to issue appointment letter to the respondent No.1 to the post of Assistant Archivist in the OBC category and further preserving the seniority of the respondent No.1.

(2.) IN the advertisement published by the appellant inviting applications for the said post, the Authorities competent to issue Caste Certificate were indicated inter alia as Revenue Officer not below the rank of Tehsildar. The respondent No.1 applied under the OBC category together with a Certificate dated 20.01.2005 issued by the Additional Tehsildar, Balasore. The respondent No.1 thereafter went through the selection process and was vide communication dated 29.03.2011 of the appellant called for interview with OBC Certificate "in the Government of India proforma issued on or before 22.09.2009" which was the cut off date. The respondent No.1 appeared for the interview along with OBC Certificate aforesaid, dated 20.01.2005 issued by the Additional Tehsildar but endorsed / counter singed by the Tehsildar, Balasore on 05.05.2011. The respondent No.1 was however not selected. The respondent No.1 upon learning that the selected candidate in the OBC category was ranked below her, first represented and thereafter filed the writ petition from which this appeal arises, seeking appointment in the OBC category.

(3.) THE counsel for the appellant has argued that in the face of the requirement of the Caste Certificate to be issued by a Revenue Officer not below the rank of Tehsildar, the Orissa Rules supra did not come to the rescue of the respondent No.1 since the same merely included Additional Tehsildar in the definition of a Revenue Officer. It is further argued that the appellant had in the letter inviting the respondent No.1 for interview not granted any fresh opportunity to the respondent No.1 to furnish a fresh OBC Certificate; rather the respondent No.1 was called to bring the OBC Certificate issued on or before the cut off date of 22.09.2009. Attention is also invited to the Circular dated 08.11.2010 of the Government of Orissa, Minorities and Backward Classes Welfare Department, recording that prior thereto the Caste Certificates were being issued by the Additional Tehsildar but the same were not being entertained by the Government of India and directing issuance of Caste Certificates thereafter only by Revenue Officers not below the rank of Tehsildar.