INDIAN COUNCIL OF AGRICULTURAL Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Sri V.K. Singh, learned counsel for the petitioner, learned Standing Counsel and Sri Kripa Shankar Singh, learned counsel appearing for respondent no. 3. Present writ petition is directed against the judgment and order dated 26.2.2004 passed by the Central Administrative Tribunal, Allahabad in Original Application No. 1201 of 1996 whereby the order of cancellation of selection of respondent no. 3 was quashed.

(2.) BRIEF facts giving rise to the present writ petition are that the applicant i.e. respondent no. 3 in pursuance of the advertisement issued in the month of June, 1994, applied for the post of Scientist-I in various discipline including Biotechnology(Animal Science). The respondent no. 3 applied under OBC category and submitted a certificate of the Tehsildar dated 15.3.1996 which certifies that respondent no.3 is wife of Ajai Kumar who belongs to OBC and further that he/she does not belong to creamy layer as mentioned in the Column 3 of the Schedule appended to the Office Memorandum dated 8.9.1993. The written test was held in October, 1994. After the interview the respondent no.3 was selected and a letter of appointment dated 29th September, 1995 was issued by the petitioner. After appointment of respondent no.3, the petitioner came to know that she being daughter of Dr. Shanker Lal who is a class I officer is covered under the rule of exclusion (Column 3 of the Schedule appended to the Office Memorandum dated 8.9.1993) and she could not have been selected giving benefit of OBC category. A show cause notice was issued to which the respondent no. 3 submitted her reply and stated that when she applied and was selected for the post, she was married and her husband who was working as Engineer (Marketing), Rotomac Industries, Private Limited, Kanpur did not come under 'creamy layer'. The caste certificate given by the Tehsildar is based on her caste and of her husband who had no linkage with her father. She further submitted that as her husband does not hold a class I post and after marriage she is no more dependent on her parents, therefore, she is not included in the category of 'creamy layer' under OBC category under Column 3 of the Office Memorandum dated 8.9.1993.

(3.) HE placed reliance on a Division Bench judgment of this Court in 2011 (4) ESC 2340 Union of India and another vs. Rajesh Kumar Yadav & another wherein observation of the Apex Court in Indra Sawhney & others has been re-quoted as under:-