UNION OF INDIA & ORS Vs. RAJ SINGH

JUDGEMENT

(1.) W. P. (C) 4246/2015

(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 2008, an advertisement was released in the Employment News advertising various vacancies for post of Group "C" on a temporary basis in Vardhaman Mahavir Medical College (VMMC) and Safdarjung Hospital, New Delhi. Amongst the posts advertised, applications were invited for 6 posts of "Dissection Hall Attendant", 5 posts were for unreserved (UR) category and 1 post was for OBC category. The respondent made an application in the reserved category and produced along with his application form a certificate of a reserved category (JAT) issued by the Delhi Government. The interviews were carried out. The respondent was selected against the OBC category and an offer of appointment vide memorandum no. 5-13/2006-Admn-II was issued by Safdarjung Hospital to the respondent whereby the respondent was offered appointment to the post of "Dissection Hall Attendant" on 08.11.2008. On 27.01.2009, the Office of Deputy Commissioner (South West District) Delhi issued certificate to respondent. In terms of the said aforesaid certificate, the respondent belongs to community namely JAT recognized as Backward Class under the Government of NCT of Delhi. On 17.03.2010, the respondent submitted a fresh OBC certificate. On 27.03.2010, a memorandum was issued by Safdarjung Hospital to the effect that the respondent has not submitted OBC certificate in the prescribed format which was provided to him at the time of joining the hospital, accordingly, under this memorandum, he was directed to submit OBC certificate in the prescribed form. On 28.06.2010, two OBC certificates dated 27.02.2003 and 10.02.2009 submitted in another similar case by one "Sangeeta", who was appointed as "Medical Social Worker" in Safdarjung Hospital against OBC category, were verified by SDM (Narela) and verification report being No. SDM/NI/2010/731 dated 28.06.2010 was received from Sub Divisional Magistrate (Narela) Delhi with conclusion that both certificates are not valid for posts under the Government of India. Since, the OBC certificate of JAT Community issued by Government of NCT of Delhi was found not to be valid for appointment in the post under Government of India, and a verification report dated 28.06.2010 was received in respect of two OBC certificates of JAT community submitted by one "Sangeeta" a memorandum dated 09.09.2010 was issued to the respondent to the effect that OBC certificate of JAT community of Delhi has been verified by the office of Sub Divisional Magistrate, Narela and the same is not valid for posts under Government of India. In the aforesaid memorandum, the respondent was informed as to why his services should not be terminated for providing OBC caste certificate which is not valid for posts under Government of India. The aforesaid memorandum dated 09.09.2010 was replied by the respondent vide his representation dated 14.09.2010. In the aforesaid representation, it was stated by the respondent that OBC certificate has been issued by the office of SDM, Nazafgarh, New Delhi, therefore, the memorandum should be withdrawn as SDM Narela verification is nothing to do with his certificate, which has been issued by SDM Nazafgarh. Challenging the memorandum dated 09.09.2010 issued by Safdarjung Hospital and order dated 22.03.2012 passed by the office of the Addl. Medical Superintendent, Safdarjung Hospital, New Delhi, the respondent filed OA before the Tribunal which was allowed and which has led to the filing of the present writ petition.