GULSHAN CHAUDHARY Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The issue which arises for consideration in this writ petition is whether the judgment of the Supreme Court dated March 17, 2015 in W.P (C) No.274/2014, Ram Singh and Ors. vs. Union of India and other connected writ petitions, wherein the Supreme Court has set aside the notification No.63 dated March 4, 2014 including the Jats in the Central List of Other Backward Classes for the states of Bihar, Gujarat, Haryana, Himachal Pradesh, Madhya Pradesh, NCT of Delhi, Bharatpur and Dholpur Districts of Rajasthan, Uttar Pradesh and Uttarakhand, would have a prospective effect so as to save the selection of the petitioner with the respondent No.2.

(2.) It is argued by Mr. B.B. Sawhney, learned Senior Counsel for the petitioner that the petitioner, is a Chartered Accountant having passed from the Institute of Chartered Accountants of India (ICAI) in the year 2014 and belongs to the Jat community, which was included in the Central list of Other Backward Classes by the respondent No.1 vide notification No.63 dated March 4, 2014. According to Mr. Sawhney, applications were invited through advertisement by the respondent No.2 in the campus placement in the month of January 2015 for the positions of Finance Officers. The petitioner was short listed. It is noted, she had also been short listed for consideration in other companies as well. On February 26, 2015, the respondent No.2 informed the Chairman of the Committee for Member in Industry (CMII) that the appointments to be made by the respondent No.2 shall be subject to the final orders in W.P.(C) 29832/2011 pending before the High Court of Madras. In the month of March , 2015 she was selected by the respondent No.2 in the campus interview, and all the original documents were verified and option for place of posting was also confirmed. He would state that as per the rules and procedures, the petitioner submitted an undertaking/declaration to the respondent No.2 that she shall not participate in any campus placement programme that will be conducted hereinafter or accept jobs in any of the interviews that have already taken place. On March 7, 2015, the Supreme Court pronounced its judgment in the case of Ram Singh vs. Union of India and Ors. W.P.(C) No.274/2014 and connected matters and quashed the notification No.63 dated March 4, 2014. He would state, the Government of U.P issued an OBC certificate to the petitioner on March 25, 2015 and the petitioner in her communication with the respondent No.2, on March 25, 2015, inquired about the formalities to be fulfilled by her in terms of her selection on March 17, 2015. According to him, in fact, she had submitted the requisite documents to the respondent No.2 through Email on March 26, 2015 and the OBC certificate on April 7, 2015. It was only on April 30, 2015 that respondent No.2 communicated to CMII, ICAI that the selection of the petitioner in the respondent No.2 organization is withdrawn and cancelled due to the judgment of the Supreme Court in Ram Singh's case . He refers to the continuous representations made by the petitioner seeking appointment in the respondent No.2 organization. On May 8, 2015, the impugned order herein was communicated by the respondent No.2 wherein, the respondent No.2 had stated as under:-

(3.) According to Mr. Sawhney, the reasoning given by the respondent No. 2 is not tenable inasmuch: