AJAY KUMAR Vs. STAFF SELECTION COMMISSION

JUDGEMENT

(1.) CM APPL No. 1052/2015 (Exemption)

(2.) In brief, the facts of the case are that the petitioner belongs to the OBC category. He had applied for the post of Multi Tasking (NonTechnical) Staff ('MTS' in short) in Pay band- I (Rs. 5200- 20200/-) + Grade Pay Rs. 1800/-, a General Central Service Group 'C' NonGazetted, Non-Ministerial post in various Central Government Ministries/ Departments/ Offices, in different States and Union Territories 2011, pursuant to the recruitment notice published in the Employment News dated 04.12.2010. The petitioner submitted his application under the OBC category, the last date for submitting of which was 31.12.2010. He belonged to the "Saini" community, which is recognized as a backward class duly notified by the Government of the India as well as the Govt. of NCT of Delhi. The petitioner took the written examination as an OBC candidate on 27.02.2011. In the meantime, the petitioner was suggested by his cousin to obtain a fresh OBC certificate prescribed in the recruitment notice, which the petitioner applied for and got issued on 11.03.2011. The petitioner was declared successful in the written exam and the Ministry of Defence was named as his user Department. However, he was kept in the reserve list at rank no. 241. Subsequently, the result of the reserve list was declared viz. 04.11.2011, in which the petitioner was declared recruited. The respondent vide its letter dated 15.11.2011 asked him to submit his original documents and appear before the authorities of the respondent on 01.12.2011 for this purpose. He appeared before the respondent authorities on the said date along with all his original documents including the two OBC certificates issued to him on 06.02.2008 and 11.03.2011. These documents were perused by the respondent authorities and photocopies of the same were kept on record and he was asked to wait for his joining letter. However, the petitioner to his utmost shock and dismay, received a memorandum dated 10.02.2012 from the office of the respondent authorities informing him that his recruitment to the post of MTS has been annulled since he did not submit the requisite OBC certificate as per the recruitment notice. Aggrieved by this the petitioner filed an O.A before the learned CAT, which was however, dismissed by the learned tribunal on the ground that the petitioner could not procure the OBC certificate in the prescribed format vide its judgment/ order dated 30.09.2014.

(3.) The grievance raised by the petitioner is that he is admittedly an Other Backward Classes (in short 'OBC') candidate and had submitted his application under the same category and alongwith the application, he had annexed the OBC certificate dated 06.02.2008, but his candidature was cancelled vide Memorandum bearing No.10/10/2010-ND-II dated 10.02.2012 on 15.02.2012 on the ground that he did not submit the proper OBC certificate as per the notice for examination.