SUCHETA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition under Art. 226 of the Constitution of India, the petitioner seeks the relief of quashing of the impugned order dated 3.3.2017 issued by the respondent no. 2/employer cancelling the appointment of the petitioner. The appointment of the petitioner was cancelled on the ground that petitioner got employment with the respondent no. 2 in the reserved Other Backward Classes (OBC) category under the 'Jat' caste, but the Jat caste is no longer an OBC in the Central List of OBCs in view of the judgment in the case of Ram Singh and Others Vs. Union of India, (2015) 4 SCC 697. The impugned order dated 3.3.2017 reads as under:- "Indian Pharmacopoeia Commission Min. of Health & Family Welfare Government of India Sector-23, Raj Nagar, Ghaziabad - 201002 File No. IPC/1056/2015-16 Date: 3rd March, 2017. To, Dr. Sucheta Sr. Scientific Officer Indian Pharmacopoeia Commission Sector - 23, Raj Nagar, Ghaziabad - 201002. Sub: Cancelation of the appointment in the Post of Sr. Scientific Officer in OBC Category - Reg. 1. In response to the open advertisement published in July, 2014, for filling of four vacant posts of Senior Scientific Officer (2-UR, 1-OBC and 1-SC) by direct recruitment, Dr. Sucheta had applied against the post reserved for Other Backward Classes (OBC) as a candidate from Jat community of non-creamy layer.

(2.) She was given the benefit of reservation under OBC category, based on her documented claim, and as per the reservation criteria effective as on the last date for receipt of applications in Aug., 2014 relying upon the Notification (No.20012/129/2009-BC-II, dated the 4th March, 2014 issued by Ministry of Social Justice and Empowerment), which included that JAT community-non creamy layer - in the Central list of Other Backward Classes (OBC). After going through the required procedures, she had joined the duties on the post of Senior Scientific Officer on 3rd Aug., 2016.

(3.) Meanwhile, the aforesaid Notification was challenged in Honourable Supreme Court of India and the Honourable Apex Court had disagreed with notification vide the order dated 17th March, 2015. The subsequent Review Petition filed on 4th April, 2015 was also dismissed by the Honourable Apex Court on 21st July, 2015.