The Central Administrative Tribunal (CAT) has held that candidates seeking a seat under the Delhi Subordinate Service Selection Board (DSSSB) under OBC category will have to submit an OBC certificate issued by the competent authority of NCT Government along with their applications.
“All other OBC candidates with certificates issued from outside Delhi will be considered for the general category, if eligible otherwise,” a CAT bench comprising Meera Chhibber and Shailendra Pandey said.
Reiterating DSSSB’s instructions, CAT said that candidates must also submit a passport-size colour photograph in ‘sharp focus’. The CAT said all potential applicants to the DSSSB must strictly follow these specifications while submitting the application form.
The order came on a petition filed by one Sunil Malik, who had challenged the February 10, 2010 order that cancelled his candidature for the post of junior engineer on the ground that he submitted his OBC certificate after the cut-off date.
Malik had also sought a direction to the Delhi government and DSSSB for issuing of his appointment letter as junior engineer in Delhi Jal Board (DJB) with all consequential benefits.
Malik had applied as an OBC candidate for the post of junior engineer against a 2009 advertisement by DSSSB for DJB. Since he fulfilled the eligibility, he was allowed to appear in the written test on June 28, 2009 and he cleared the preliminary examination as well as main examination.
However, his case was kept pending for the want of the OBC certificate.
When the final results were declared on November 6, 2009, the OBC candidates were directed to visit the DJB with all original and attested copies of educational qualification/experience/caste certificate on any working day within 15 days.
Malik submitted his OBC certificate on November 17, 2009 along with other certificates within the stipulated period, yet his candidature was rejected, which forced him to approach CAT.
The Delhi government and DSSSB contended that since the OBC certificate was issued after the cut-off date, hence his candidature had rightly been rejected. The last date for submission of application forms was March 3, 2009 whereas Malik’s certificate was issued on November 16, 2009, they argued.
Taking note of the fact that DSSSB had itself extended the time for submitting the necessary documents, CAT held that Malik’s candidature could not have been cancelled on this ground.
Quashing the February 10, 2010 order against him, the CAT ordered DSSSB to issue him the appointment letter. However, it rejected his plea for all consequential benefits, saying he was also at fault for not annexing his OBC certificate along with the application form despite clear instructions in the advertisement.