GOVT. OF NCT OF DELHI Vs. ANIL KUMAR

JUDGEMENT

(1.) THE Govt. of NCT of Delhi claims to be aggrieved by the order of the Central Administrative Tribunal (CAT) dated 09.01.2013 by which the first respondent's application for appropriate directions to quash the letter of 29.09.2011, addressed to the Union Public Service Commission (UPSC) by the Govt. of NCT of Delhi, was allowed. The Govt. of NCT of Delhi had requisitioned the UPSC to fill up three vacancies in the cadre of Assistant Engineer (Mechanical) in the Irrigation and Flood Control Department, Govt. of NCT of Delhi on 17.03.2008. The advertisement was accordingly issued sometime in March 2010. The first respondent had applied in the Reserved Category - Scheduled Castes (SC) and participated in the recruitment process. On 31.03.2011, UPSC recommended three names ­ one against the single reserved vacancy and two against the General category Unreserved vacancies. The first respondent is recommended to the vacancy reserved for SC. In this background, on 05.01.2011, the Govt. of NCT of Delhi asked the UPSC to fill up only two vacancies on the basis of the post-based reservation roster, for General category vacancies. The letter reads as follows: <FRM>JUDGEMENT_2470_ILRDLH23_2013.htm</FRM>

(2.) THE respondent approached the CAT for a direction that the Govt. of NCT of Delhi's letter should be quashed. Before the Tribunal, the Government's position was that even though the requisition originally indicated one vacancy as falling to the share of SC candidates, yet on a closer examination, it was discerned that such vacancy ought to have gone to the Other Backward Class (OBC) category employees. The CAT further rejected the contentions of the petitioner, the Govt. of NCT of Delhi, holding as follows:

(3.) THIS Court has carefully considered the submissions. Ex-facie, the letter dated 05.01.2011 of the Addl. Secretary (I&FC), Govt. of NCT of Delhi nowhere states that the vacancy position is such that the post earmarked for being filled by SC ought to be filled by some other candidate or that it rightly falls to the share of an OBC. All that the letter states is that instead of filling three vacancies, the UPSC should fill only two in the unreserved category. Such being the position and the Govt. of NCT of Delhi not having produced any documents in support of contention that the third vacancy actually fell to an OBC category candidate or that it had been earlier occupied by an OBC candidate, no fault can be found with the impugned order of the CAT. The petition being meritless is accordingly dismissed along with the pending application.