PRIYANKA RANI Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The present Letters Patent Appeal ("LPA") has been preferred by the Appellant under Clause 10 of Letters Patent against the Judgment and Order dtd. 17/2/2022 passed by the learned Single Judge of this Court in W.P. (C.) No. 2614/2022 ("Impugned Order"). Vide the Impugned Order, the Writ Petition preferred by the Appellant herein, seeking appointment to the post of "Nursing Officer" has been dismissed.

(2.) The Appellant through the present Appeal has prayed for setting aside the Impugned Order passed by the learned Single Judge dtd. 17/2/2022, thereby allowing the present LPA. The Appellant has also prayed for accepting her Other Backward Castes ("OBC") Non-Creamy Layer ("NCL") Certificate as valid for the purposes of recruitment, directing the Respondents to issue an appointment and joining letter to the post of Nursing Officer and to quash the Office Memorandum dtd. 11/1/2022 issued by the Respondents, by which her name was included in the list of rejected candidates.

(3.) The facts of the case reveal that the Respondent Nos. 1, 3 and 4 had issued a Recruitment Notice No. 1/2019 for a large number of vacancies/ posts in the capacity of a "Nursing Officer". As per Clause 9 of the Recruitment Notice, it was stated that the candidates applying under OBC Category are under an obligation to provide a caste certificate as per format provided by the Department of Personnel and Training ("DoP&T") vide Office Memorandum No. 36036/2/2013-Estt.(Res) dtd. 30/5/2014 and the caste certificate should be issued not earlier than a year from the last date of online registration.