UNION OF INDIA & ORS Vs. SANGEETA

JUDGEMENT

(1.) W. P. (C) 4602/2015

(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 five posts of "Medical Social Worker" in Safdarjung Hospital, New Delhi. Amongst the posts advertised, three posts were to be filled by unreserved (UR) category, one by SC category and one by OBC category. The respondent made an application in the OBC category and produced along with her 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. 4-03/2008-Admn-II was issued by Safdarjung Hospital to the respondent whereby the respondent was offered appointment to the post of "Medical Social Worker" on temporary basis on 23.12.2008. On 10.02.2009, the Office of Deputy Commissioner (North 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 02.03.2010, a memorandum was issued by Safdarjung Hospital to the effect that the respondent has not submitted OBC certificate in the prescribed form for appointment to posts under government of India, accordingly, under this memorandum she was directed to bring original OBC certificate in prescribed form. On 05.03.2010, in response to the aforesaid memorandum dated 02.03.2010, the respondent vide letter dated 05.03.2010 submitted OBC certificate issued by office of the Deputy Commissioner, North West District, Delhi. On 30.04.2010, to verify the certificate of the respondent, a letter was sent to the Executive Magistrate, Narela, New Delhi and thereafter, a reminder dated 14.06.2010 was also sent but verification report was not received by the petitioner hospital. On 28.06.2010, OBC certificates dated 27.02.2003 and 10.02.2009 submitted by the respondent were verified and in respect of certificates submitted by her, a verification report being No. SDM/NI/2010/731 dated 28.06.2010 was received from Sub Divisional Magistrate (Narela) Delhi with conclusion that the certificates are not valid for posts under the Government of India. Thereafter, a memorandum dated 09.09.2010 was issued to the respondent to the effect that her OBC certificate of JAT community Delhi is not valid for posts under Government of India, therefore, why her services should not be terminated for providing OBC caste certificate which is not valid for posts under Government of India. Subsequently, a memorandum dated 01.10.2010 was issued by petitioners hospital directing the respondent to submit the proof of her OBC certificate being valid for the post under the Government of India within one month. The respondent was informed and a show cause was issued to her in the year 2010 as to why her services should not be terminated. Since the appropriate certificate could not be furnished, the respondent approached the Tribunal. The petitioners filed an OA to challenge the memorandum dated 01.10.2010 which was allowed and which has led to the filing of the present writ petition.