DAYA RAM KHATIK Vs. NCT OF DELHI

JUDGEMENT

(1.) . We shall understand the genesis of this review application better, once we take note of the background material and events culminating into passing order dated 5.1.2001 review of which is sought in this application.

(2.) . Respondent No. 2, Delhi Subordinate Services Selection Board (in short 'DSSSB') issued an advertisement on 11.6.1998 calling for applications from Indian nationals for appointment to the post of Primary Teachers/Nursery Teachers/ Assistant Teachers in Municipal Corporation of Delhi, New Delhi Municipal Council and Directorate of Education, Government of NCT of Delhi. The last date of receiving application forms was 30.6.1998. Certain posts were reserved for SCs, STs, OBCs, Ex-Servicemen as well as Handicapped persons. Many candidates who claimed that they belonged to either SC, ST or OBC category submitted their applications indicating the particular reserved category to which belong to and in which category they were applying for the post. They even admitted the certificate in support of their claim. However, they were not in possession of certificate issued by the Govt. of NCT of Delhi which was the requirement. Such certificates they could obtain only after 30.6.1998. When they sought to submit these certificates, DSSSB refused to accept the same on the ground that it was not submitted by 30.6.1998 and therefore, such candidates could not be considered in reserved category. Number of writ petitions came to be filed in this Court challenging this action of the respondent. A batch of such cases was decided vide judgment dated 24.12.1999, the lead case being CW 1357/99 entitled Tej Pal Singh and others v. Government of NCT of Delhi and another, 83 (2000) DLT 649. It was held that when these petitioners belonged to reserved category and had submitted their applications in the said category before 30.6.1998 along with requisite documents including Scheduled Caste certificate, they could produce certificate issued by GNCT of Delhi which was the requirement of the advertisement, even after 30.6.1998. The writ petitions were accordingly allowed. The aforesaid judgment in Tej Pal Singh's case (supra) which was rendered by me, was taken in appeal. It may be mentioned at this stage that certain other writ petitions came to be filed raising the same issue. However, since in the meantime LPAs were preferred against the judgment rendered in aforesaid batch of petitions in which notice had been issued by the Division Bench of this court, these other cases were adjourned from time to time to await decision of the Division Bench. Ultimately, Division Bench vide judgment dated 15.12.2000 dismissed the appeal affirming the said judgment. Thereafter, the pending cases came up for hearing on 5.1.2001 and following the dicta in Tej Pal Singh's case (supra) all these writ petitions were allowed by passing the order to the effect that the cases were covered by the said judgment. Identical order was passed in this writ petition also and order dated 5.1.2001 reads as under:-

(3.) . It is not in dispute that in the instant case petitioner had applied in general category. It is not his case where the petitioner had applied for the post in reserved category and had submitted certificate to that effect as well but was not in possession of such a certificate being issued by GNCT of Delhi which he procured after 30.6.1998. It is not his case that he sought to submit this certificate after 30.6.1998 but it was not accepted by the authorities. In fact, judgment in Tej Pal Singh's case was rendered on 24.12.1999 while this petition is dated 14.3.2000, i.e. after the judgment in Tej Pal Singh's case. Learned counsel for the review applicant has submitted that the salient feature in CWP No. 1357/99 entitled as Tej Pal Singh & Ors. v. Govt. of NCT of Delhi & Anr. is that the petitioner had applied under a reserved category and had given declaration to that effect in the form. The only grievance of the petitioner was that he had submitted his Scheduled Caste Certificate late i.e. after the expiry of the dead line 30.6.1998. Only aspect in which the petitioner's form was lacking was the Scheduled Caste Certificates. Otherwise it was complete in all respects under the reserved category. It was further undisputed fact that the petitioners in Tej Pal Singh's case belong to Scheduled Caste category and had submitted the application in the Scheduled Caste category before 30.6.1998 along with requisite documents including Scheduled Caste Certificates. But the certificates attached were not the one issued by GNCT of Delhi. The submission is that the Court in Tej Pal Singh's case has not in any manner permitted the applicants to change their category from unreserved to reserved. In view of the declaration by the applicant in the form no such change of category is permissible. It was argued that in the instant case the petitioner had applied under general category. He gave a declaration in his form that the form was correct to his knowledge and that he was not claiming any reservation. The petitioner is thus, bound by his own declaration and is estopped by conduct and record from now wanting to convert/change his category from general to reserved category. According to the counsel this is a major distinction between Tej Pal Singh case and the present case and therefore, submission of the petitioner that the present petition is identical to Tej Pal Singh case is not sustainable on facts.