'Termination For Ineligibility Attaches No Stigma': Delhi High Court Upholds Termination Over Invalid OBC Certificate
Stating that “termination for ineligibility attaches no stigma”, the Delhi High Court upheld the removal of an employee of the Food Corporation of India (FCI) after six years, over invalid OBC certificate.Petitioner, appointed to the post of Assistant Grade III (Accounts) in Other Backward Classes (OBC) category, was terminated as he was not OBC as per the Central List.FCI submitted...
Stating that “termination for ineligibility attaches no stigma”, the Delhi High Court upheld the removal of an employee of the Food Corporation of India (FCI) after six years, over invalid OBC certificate.
Petitioner, appointed to the post of Assistant Grade III (Accounts) in Other Backward Classes (OBC) category, was terminated as he was not OBC as per the Central List.
FCI submitted that there is a clear cut distinction of area of operation for the lists of OBC communities prepared by the Central Government and State Governments.
It was argued that for employment on a post of Central Government in the reserved category for OBC, the community of the candidate should be in the list of OBC prepared by the Central Government.
Petitioner however contended that his termination for giving false information is stigmatic.
Justice Avneesh Jhingan at the outset observed that the Petitioner was well aware that for the post reserved for OBC in the Central Government, the OBC list issued by the Central Government shall apply and not the list issued by the State Government.
The bench further observed,
“The submission that the termination of petitioner for furnishing false information is stigmatic, is factually wrong. The OBC certificate produced by petitioner was invalidated by HLC as the community of the petitioner did not find mention in the OBC list of the Central Government, thereby making the petitioner ineligible to apply for the post of AG-III in FCI by claiming reservation for OBC post. The termination for ineligibility attaches no stigma.”
Reliance was placed on R. Vishwanatha Pillai v. State of Kerala and Ors. (2004) where the Supreme Court held that the basis of appointment cease to exist after invalidation of certificate produced for claiming reservation and then the post kept for the reserved candidate cannot be claimed by such a candidate.
The contention that the employee served for three decades and is about to retire in three years and the equity is in favour of the employee was also rejected in that case.
As such, the Court dismissed the plea.
Appearance: Mr. Anil Mittal & Mr. Shaurya Mittal, Advs. for Petitioner; Mr. Manoj & Ms. Aparna Sinha, Advs. for R1. Ms. Amrita Prakash, CGSC with Mr. Vishal Ashwani Mehta, Adv. for UOI.
Case title: Rohit Khatri v. Food Corporation Of India & Ors
Case no.: W.P.(C) 12325/2018