AMRITA SINHA, J. - (1.) The issue raised in this writ petition is whether the petitioner being an OBC (Category-A) candidate be treated as general category candidate because he could not produce the original of his caste certificate at the time of the personality test.
(2.) An advertisement was published in December, 2011 for giving appointment in the post of Assistant Teacher through 12th Regional Level Selection Test (RLST) in Junior High, Madhyamik School, Junior Madhyamik School, Higher Secondary School. The petitioner applied for the said post annexing his provisional OBC certificate which had been issued in his favour in the year 2011. The original OBC certificate was issued in his favour on 18th April, 2012. The written examination was held on 29th July, 2012. The petitioner being successful was called for personality test on 3rd September, 2013. The petitioner asserts that at the time of personality test he had produced the original OBC certificate that had been issued in his favour. In spite of production of the original caste certificate the petitioner had been treated as a general category candidate and his name figured in the combined merit list of successful candidates, but in the lower rank. He did not participate in the counselling process. He submits that had he been treated as an OBC (Category-A) candidate then he would have secured a better rank in the merit list.
(3.) The petitioner relies upon a judgment delivered by the Hon'ble Supreme Court of India in Ram Kumar Gijroya v. Delhi subordinate Services Selection Board and Anr. reported in (2016)4 SCC 754 wherein the issue before the court was whether a candidate who appears in the examination under the OBC category and submits the caste certificate after the last date mentioned in the advertisement is eligible for selection to the post under the OBC category. At the time of deciding the said case the Hon'ble Court referred to the judgment delivered in the case of Tej Pal Singh v. Government (NCT of Delhi) reported in 1999 SCC on line Del 1092 wherein it was observed that 'in order to be considered for the post reserved for SC category, the requirement is that a person should belong to SC category. If a person is SC he is so by birth and not by acquisition of this category because of any other event happening at a later stage. A certificate issued by the competent authority to this effect is only an affirmation of the fact, which is already in existence. The purpose of such certificate is to enable the authorities to believe in the assertion of the candidate that he belongs to the SC category and act thereupon by giving the benefit to such candidate for his belonging to SC category.';