SUNITA Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) Petitioner-Sunita, by this writ petition, seeks a writ of mandamus, directing the respondents to consider her as an Other Backward Class (OBC) candidate and place her at the appropriate place in the merit list for such candidates. Further consequential directions, as deemed fit and proper are sought.

(2.) Petitioner, was an aspirant to the post of Assistant Teacher/Primary Teacher in the Municipal Corporation of Delhi and under the Director of Education, Govt. of NCT respectively. She had applied as an ?oOBC candidate ? in response to the advertisement that was taken out by the respondents. Petitioner submitted two separate applications for the vacancies. The first being for the post of Assistant Teacher Code No.13/98 and the second for ?oPrimary Teacher, Code No.8/98 ? in the reserved category as an OBC candidate. Petitioner secured 45.96% out of 80 marks on the basis of a formula for calculation of marks. The cut off per centage for OBC candidates was 44.61%. Accordingly, petitioner stood qualified in terms of the marks secured by her in the category of OBC candidates.

(3.) Petitioner's case, however, was not processed as an OBC candidate. She was treated as a general candidate. The score of the petitioner of 45.96% fell short of the last selected candidate in the general category. For Primary Teacher Code No.8/98 the qualifying percentage was 53.21% and the last selected candidate in respect of the Assistant Teacher Code No.13/98 was with 57.21%. Petitioner failed to meet the Bench Mark for ?oGeneral Category ? candidates for the said posts and was not selected.