Permit OBC Category Candidate To Appear In Interview For Senior Resident Doctor Post: Delhi High Court To AIIMS

The Delhi High Court on Monday directed AIIMS to permit a candidate, whose OBC certificate was initially rejected on the ground that it was not as per the prescribed format and later because the re-submission was beyond the cut off date, to appear in second stage interview for the post of senior resident doctor.

Granting interim relief to the candidate who approached the court challenging the rejection of her candidature under OBC category during the selection process, Justice Chandra Dhari Singh said:

“Prima facie, this Court finds force in the arguments advanced on behalf of the petitioner that the candidature of the petitioner for the Reserved Category post may not be rejected on the sole ground that the Caste Certificate of the petitioner was not in accordance with the prescribed format, especially when the same was issued by an authorised and competent authority.”

The court noted that there was no dispute that the candidate belongs to the OBC category as she was issued the caste certificate by a competent authority and that even the authorities did not dispute the veracity of the same.

Justice Singh further said that it was also an admitted fact that the candidate had appeared in the stage one Recruitment Test and that she was issued the admit card on provisional basis.

“Various High Courts of this Country and even the Hon’ble Supreme Court have time and again reiterated that a hyper-technical approach need not be taken while considering the Caste Certificate of person. This Court also aligns with the opinion that an organisation need not enter into the rigid requirements and technicalities so much so that the interest of citizens is hampered,” the court said.

It added: “Accordingly, the respondents are directed to permit the petitioner to appear in the Interview (Stage-II) which is scheduled to be held on 2nd August, 2023.”

The candidate was informed by AIIMS vide an email sent on July 20 that the OBC caste certificate issued to her by the Zonal Deputy Tahsildar, Nirlgiris, Tamil Nadu, was not as per the format prescribed in the prospectus.

It was her case that she again submitted her OBC Caste Certificate as per the format prescribed on the very same date. However, she was informed the next day that her certificate has been rejected as the same was submitted after the Cut-Off date being June 28.

Justice Singh granted the interim relief to the candidate keeping in view the facts and circumstances of the case also and in the interest of equity and justice.

“….this Court is of the view that the matter requires consideration and is inclined to grant the interim prayer made on behalf of the petitioner, in the interregnum,” the bench said.

The court listed the matter for hearing on September 04 and directed AIIMS to file its counter affidavit within three weeks.

Title: J. VINUTHA v. ALL INDIA INSTITUTE OF MEDICAL SCIENCES - AIIMS & ANR.

Citation: 2023 LiveLaw (Del) 642

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