UNION OF INDIA & ORS Vs. JAGDEEP

JUDGEMENT

(1.) W. P. (C) 4551/2015

(2.) With the consent of the learned counsel for the parties, the writ petition is set down for final hearing and disposal.

(3.) In the year 2007, an advertisement was released in the Employment News advertising two posts of "Sanitary Inspector" in Safdarjung Hospital, New Delhi. Amongst the posts advertised, one post was to be filled by OBC category and other by unreserved (UR) category. The respondent made an application for the post of Sanitary Inspector reserved for OBC candidate as he is stated to be belonging to JAT community, which according to him is OBC and was entitled to benefit of reservation. The respondent submitted an OBC certificate which was in the form of certificate to be produced by other backward classes applying for appointment of posts under the Government of India. The respondent was selected to the post of Sanitary Inspector and an offer of appointment vide memorandum no. 4-1/2008-Admn-II was issued by Safdarjung Hospital to the respondent. Respondent accepted the offer of appointment. On 19.03.2010, to verify the certificate of the respondent, a letter was sent to the Executive Magistrate, Narela, New Delhi and thereafter, a reminder dated 28.06.2010 was also sent but verification report was not received by the petitioner hospital. However, at that time the OBC certificate in another same case of OBC category was submitted by one Smt. Sangeeta, and in respect of her certificate, a verification report being No. SDM/NI/2010/731 dated 28.06.2010 was received from Sub Divisional Magistrate (Narela) Delhi with conclusion that OBC certificate of JAT community of Delhi is not valid for post under the Government of India. Thereafter, a memorandum dated 09.09.2010 was issued to the respondent to the effect that his OBC certificate of JAT community Delhi is not valid for posts under Government of India, therefore, why his services should not be terminated for providing OBC caste certificate which is not valid for posts under Government of India. Challenging the aforesaid memorandum dated 09.09.2010, the respondent filed an OA before the Tribunal which was allowed and which has led to the filing of the present writ petition.