SUNIL POOJA Vs. STAFF SELECTION COMMISSION

JUDGEMENT

(1.) In the present case, Petitioner is assailing the impugned order dtd. 16/5/2019 in O.A. No. 2426/2013 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the 'Tribunal') whereby her O.A. was dismissed.

(2.) Facts, in brief, in the present case are, that the Respondent herein issued Notification on 14/7/2012, inviting applications for selection of candidates to the post of Data Entry Operators (in short, "DEO"). Reservation was provided in favour of OBC candidates. The selection process consisted of a written examination and a skill test. The Petitioner while submitting her application claimed the status of OBC for the purpose of reservation. It is stated that a Certificate dtd. 8/6/2009 was also submitted supporting her stand that she belongs to the OBC category. It is not disputed that the Petitioner had successfully cleared the written test and had also undergone skill test / typing test. The objections raised by the Respondent with respect to the OBC Certificate was, that it is only such certificate, which is obtained within three years preceding the last date/cut-off date as per the Notification which would be valid. Since the OBC certificate was a few months prior to the cut-off date, which was 1/8/2012, the Petitioner was held to be disentitled from being considered under the OBC category.

(3.) There is no dispute that the Petitioner had cleared the written test and had obtained 150.5 marks in the written test, the cut-off marks for an OBC candidate in Delhi being 150. It is also not disputed that the Petitioner had applied under the OBC category. Having cleared the written test, the Petitioner was asked to appear for the Data Entry Speed Test and Typing Test on the computer for the post of DEO vide letter dtd. 11/2/2013 issued by the Respondent for 3/3/2013.