RAJBIR SINGH Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) This order will dispose of CWP Nos.16627 of 2013 and 26092 of 2012, as common questions of law and facts are involved in both the writ petitions.

(2.) The dispute in the present case is that the candidature of the petitioners has been rejected as not falling under OBC quota since the Caste Certificates issued to them contained the word "Nai". The Central List of OBCs in respect of the UT, Chandigarh issued by the Ministry of Welfare resolution dated 11.12.1997 represents the OBC List under Article 341 of the Constitution of India. At entry No.28 of this List, the words "Hajjam/Hazam, Nai" are mentioned. Based on this list, the UT Administration, Chandigarh has issued the list of OBCs in which the caste "Nai" has been referred to in Entry No.19 as "Nais". The UT List issued by its Social Welfare Department was notified on 27.6.1995 i.e. before the Central Government issued the List of OBCs in 1997.

(3.) The UT Administration in processing the application forms of the petitioners and discovering the discrepancy in spelling, one singular the other plural, has stuck to the letter of the word "Nais" and refused to offer appointments to the petitioners, after selection at the stage of screening on the ground that the petitioners did not possess caste certificates in conformity with the UT list dated 27.6.1995. It appears that after the list was published and notified by the UT Administration on 27.6.1995, no steps have been taken to bring that list in tune with the resolution dated 11.12.1997 issued by the Central Government in which the word "Nai" has been clearly mentioned in isolation of the common nouns "Hajjam/Hazam" seperated by a comma.