Candidate eligible for selection to the post under the OBC category even if the OBC Certificate was submitted after last date of application: SC.
Supreme Court in Ram Kumar Gijroya vs. Delhi Subordinate Services Selection Board has held that a candidate who appears in an examination under the O.B.C. category and submits the certificate after the last date mentioned in the advertisement is eligible for selection to the post under the O.B.C. category.
Apex Court Bench comprising of the Chief Justice T.S. Thakur and Justice V. Gopala Gowda were hearing an appeal against Division Bench Judgment of Delhi High Court which had set aside the Single Bench order. The Division Bench had observed that in this case the candidate had applied for the O.B.C. certificate ten days before the cut-off date, which was not the same as in Pushpa vs. GNCTD which was relied on by the Single Judge. In the case of Pushpa, the Division Bench observed that the application for the O.B.C. certificate had been filed much before the date of advertisement.
The Apex Court observed that the Division Bench of the High Court erred in reversing the judgment and order passed by the learned single Judge, without noticing the binding precedent on the question laid down by the Constitution Benches of this Court in the cases of Indra Sawhney and Valsamma Paul wherein the Court after interpretation of Articles 14,15,16 and 39A of the Directive Principles of State Policy held that the object of providing reservation to the SC/ST and educationally and socially backward classes of the society is to remove inequality in public employment, as candidates belonging to these categories are unable to compete with the candidates belonging to the general category as a result of facing centuries of oppression and deprivation of opportunity. The constitutional concept of reservation envisaged in the Preamble of the Constitution as well as Articles 14, 15, 16 and 39A of the Directive Principles of State Policy is to achieve the concept of giving equal opportunity to all sections of the society, the Bench said.
Read the Judgment here.