Kumar Singh, Ms. Laavanya Kaushik, Mr. Mohnish Sehrawat and Ms. Aliza Alam, Advs v. NISHA

Judgment

1. Both these writ petitions arise out of judgments passed by the Central Administrative Tribunal1, on 8 December 2023 in OA 1538/20222 and on 10 October 2023 in OA 472/20193. The issue in controversy in both these cases being similar, they were heard together. This judgment disposes of both the writ petitions. WP (C) 10587/2024 [GNCTD and Anr. v Jyoti] Facts

2. The respondent Jyoti belongs to the Nai community, which, according to the recitals in the OA4 filed by her before the Tribunal, is recognised as an OBC5 by Resolutions dated 24 May 1995, 19 June 2003 and 17 February 2014 issued by the GNCTD6. It figures at serial No. 43 of the list of castes notified as OBCs by the GNCTD.

3. On 2 January 2013 and 12 July 2017, the Deputy Commissioner7 (South West District) Delhi and the District Magistrate8, Dwarka, South West District, Delhi issued certificates to Jyoti, certifying that she belonged to an OBC. These certificates read thus: 1 “the Tribunal”, hereinafter 2 Jyoti v Government of National Capital Territory of Delhi & Anr. 3 Nisha v Govt. of NCT of Delhi and Ors. 4 Original Application 5 Other Backward Classes 6 Government of National Capital Territory of Delhi 7 “DC” hereinafter 8 “DM” hereinafter Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:01.07.2025 13:29:56 W.P.(C) 373/2024 & W.P.(C) 10587/2024 Certificate dated 2 January 2013, issued by the DC (South West District) Delhi “OFFICE OF THE DEPUTY COMMISSIONER (SOUTH WEST DISTRICT), DELHI No:OBC/09/931/20131/11/9/2012/9641104432 Dated: 2/1/2013 This is to certify that Sh/Smt/Ku: JYOTI S/o,W/o,D/o: DHARAMVIR Resident of: B-59, BINDAPUR EXTN. UTTAM NAGAR, NEW DELHI Belongs to the community NAI Which is recognised as a Other Backward Class (OBC) under: Resolution No. 12011/68/93-BCC(C) dated the 1. 10/09/1993, published India Extraordinary Part I, Section I. No. 186, dated 13/09/1993. the Gazette of

2. 19/10/1991, published Extraordinary Part I, Section I. No. 88, dated 20/10/1995. Resolution No. 12011/9/91-BCC(C) dated the India the Gazette of

3. Resolution No. 12011/7/95-BCC(C) dated the 24/5/1995, published in the Gazette of India Extraordinary Part I, Section I. No. 88, dated 25/5/1995.

4. Resolution No. 12011/44/96-BCC dated the 6/12/1996, published in the Gazette of India Extraordinary Part 1, Section I. No. 210, dated 11/12/1996.

5. 2000/DS/CST/SCP/OBC/2855 dated 31/5/2000. Notification No. F(8)/11/99-

6. No.FB(6)/2000-01/DSCST/SC/OBC/11677 5/2/2004. This certificate is issued on the basis of OBC Certificate issued to Shri / Smt/Kumari DHARAMVIR Father of Sh/Smt/Kumari JYOTI resident of DISTT. ALIGARH, UTTAR PRADESH, who belongs to NAI caste which is recognised as Other Backward Class in the State / U.T. U.P Issued by the TEHSILDAR vide their No. 12209203793 dated 02/12/2009. It is also certified that he/she does not belong Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:01.07.2025 13:29:56 W.P.(C) 373/2024 & W.P.(C) 10587/2024 persons/sections (Creamy layer) mentioned in column 3 of the Schedule to the Govt. of India, Department of Personnel and Training O.M. No. 36012/22/93-Estt.(SCT) dated 8/9/1993,O.M. No.36033/3/2004-Estt(Res) dated 9/3/2004 and 14/10/2008. Dated: 2/1/2013 Sd/- (SATISH KUMAR RAWAT ) Executive Magistrate, PALAM” Certificate dated 12 July 2017, issued by the District Magistrate Dwarka, South West District, Delhi REVENUE DEPARTMENT, GOVT. OF NCT OF DELHI OFFICE OF THE DISTRICT MAGISTRATE DWARKA : SOUTH WEST DISTRICT OBC CERTIFICATE For applying for appointment to Posts under the Government of India CERTIFICATE NO: 90500000287390 This is to certify that JYOTI D/o DHARAM VIR R/o RZ-B-59 BINDAPUR EXTN. DELHI 110059 INDIA belongs to the NAI community which is recognised as Other Backward. Class under the Government of India, Ministry on Social Justice and Empowerment’s Resolution No. 12011/44/96/BCC, 12011/36/99- BCC(C), 12011/96/94-BCC Dated 12011/68/93-BCC(C), 06/12/1996, 04/04/2000, 10/09/1993, 09/03/1996. JYOTI and her family ordinarily resides at RZ-B-59 BINDAPUR EXTN. DELHI 110059 INDIA This certificate is issued on the basis of OBC certificate issued to JYOTI SELF of JYOTI R/o B-59, BINDAPUR EXTN. UTTAM NAGAR, NEW DELHI belongs to NAl community of DELHI State vide Certificate No. 9641104432 dated 02/01/2013 issued by the OFFICE OF THE DC SOUTH WEST DELHI is also to certify This person/sections (Creamy layer) mentioned in column 3 of the Schedule to the Govt. of India, Department of Personnel & Training O.M. No. 36012/22/93-Estt(SCT). 36033/3/2004- that she does not belong Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:01.07.2025 13:29:56 W.P.(C) 373/2024 & W.P.(C) 10587/2024 Estt(Res), 36033/1/2013-Estt (Res) dated 8/9/1993 9/03/2004 & 14/10/2008 and 27/5/2013 respectively. Sd/- Satish Kumar Rawat, Tehsildar”

4. On 5 July 2018, Advertisement No. 02/20189 was issued by the Delhi Subordinate Services Selection Board10, GNCTD, inviting applications for posts under the Department of Health and Family Welfare and the Services Department, GNCTD. The advertisement extended the benefit of OBC reservation in the following terms: “5. RESERVATION BENEFITS: (i) Reservation benefits will be available SC/ST/OBC/Physically Handicapped & other special category candidates in accordance with the instructions / orders / circulars issued from time to time by the Govt. of Delhi. The reservation benefits under SC/STs shall be admissible as per judgment dated 12/09/2012 of Hon’ble High Court of Delhi as passed in WP(C)No. 5390/2010, CM No. 20815/2010 – Deepak Kumar and Ors Vs District and Sessions Judge, Delhi and Ors. However, this shall be further subject to policy decision of Govt. of Delhi. Candidates who wish to be considered against (ii) reserved vacancies and /or to seek age relaxation, must be in possession of relevant certificates (SC/ST/OBC/Non Creamy layer/PH/Educational/ Experience etc.) issued by the competent/notified authority (in prescribed format) on or before the cutoff date (closing date of advertisement) otherwise their claim for any category will not be entertained and their applications will be considered against Un-reserved (UR) category vacancies, if eligible otherwise. (iii) Only OBC (Delhi) candidates will be given the benefit of reservation/age relaxation under OBC category. OBC (Outside) candidates will be treated as Unreserved candidate and they must apply under UR category. The OBC candidates must be in possession of non-Creamy layer Signature Not Verified 9 “the Vacancy Notice”, hereinafter 10 “DSSSB” hereinafter Digitally Signed By:AJIT KUMAR Signing Date:01.07.2025 13:29:56 W.P.(C) 373/2024 & W.P.(C) 10587/2024 certificate, along with his/her caste certificate. (iv) Only following two types of certificates will be accepted as valid certificates for grant of benefit of reservation to OBCs:- (A) OBC certificate (Delhi) Revenue Department of GNCT of Delhi, on the basis of a old certificate issued to any member of individual’s family from GNCT of Delhi. issued by (B) OBC certificate issued by a competent authority outside Delhi to a person belonging to a community duly notified as OBC by GNCT of Delhi. This certificate should have mandatorily been issued on the basis of OBC certificate issued by Govt. of NCT of Delhi to a family member of the concerned person who had been residing in Delhi before 08/09/1993.”

5. The respondent applied, in response to the aforesaid Vacancy Notice, as an OBC candidate. She furnished, with her application, the OBC certificate dated 2 January 2013 (supra) issued by the DC (South West District) Delhi.

6. Given the volume of applications received in response to the advertisement, the DSSSB contends that, at the stage of initial screening of applications, the validity of the OBC certificates and other documents produced by the candidates is not examined in detail. It is only in respect of the candidates who qualify on merit that examination of their certificates and other documents is undertaken. We may note that this is a standard procedure adopted in most such examinations and that, given the number of applications which are received, the procedure is wholesome and cannot be faulted. Nor was any grievance raised in this regard by the respondent in neither of these petitions. Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:01.07.2025 13:29:56 W.P.(C) 373/2024 & W.P.(C) 10587/2024

7. The respondent cleared Tier I and Tier II of the selection process following the Vacancy Notice, as per the results which were announced on 23 January 2020 and 20 April 2021 respectively. The notice dated 20 April 2021, which announced the result of candidates who had cleared Tier II, also required the candidates to fill up and upload the requisite documents in e-dossier format. The respondent did so, within the time stipulated in that regard.

8. The list of candidates provisionally selected were announced by three result notices dated 17 June 2021, 23 February 2022 and 29 April 2022. 101 seats were reserved for OBC. The respondent had scored 98.04, which was above the cut-off mark of 74.24, announced for OBCs as per the notice dated 23 January 2020, whereby the Tier I results were declared.

9. By the aforesaid result notices dated 17 June 2021, 23 February 2022 and 29 April 2022, 85, 12 and 5 OBC candidates were selected. The respondent scored less than the last OBC candidate selected by the result notice dated 17 June 2021 and the supplementary result notice dated 23 February 2022. She, however, scored more than the last OBC candidate selected by the supplementary result notice dated 29 April 2022. Nonetheless, her name did not figure in the list of selected candidates in any of the notices.

10. The supplementary result notice dated 29 April 2022 noted that her candidature had been rejected as her OBC certificate dated 2 Signature Not Verified January 2013, furnished by her with her application, certifying that the Digitally Signed By:AJIT KUMAR Signing Date:01.07.2025 13:29:56 W.P.(C) 373/2024 & W.P.(C) 10587/2024 Nai community, to which she belonged, was recognised as an OBC in the State of UP, and not in Delhi. As such, the OBC certificate was not in terms of the requirements in that regard as contained in the Vacancy Notice, as a result of which, her candidature could not be considered. Pleadings in the OA before the Tribunal

11. Aggrieved thereby, the respondent approached the Tribunal by way of OA 1538/2022. She pointed out that she had, to her credit, not one, but two OBC certificates issued by the GNCTD. Emphasis was laid on the OBC certificate dated 2 January 2013, to submit that it clearly certified that the respondent was an OBC. The certificate having been issued by the Revenue Authorities in the GNCTD, it was submitted that the DSSSB erred in rejecting her candidature.

12. The DSSSB filed a counter affidavit by way of response to the

OA, in which it was submitted that the chance of the respondent being included in the list of successful candidates only arose at the time of the third supplementary result, as she had scored less than the last successful OBC candidate in the first two results as notified. Her candidature could not be treated as valid, as the OBC certificate dated 2 January 2013, submitted by her with her application, was issued on the basis of an OBC certificate issued to her father by the authorities in the State of UP, certifying that the Nai community was an OBC in UP. On the basis of the said certificate, therefore, Jyoti could not claim to be an OBC for the purposes of securing appointment to posts Signature Not Verified under the GNCTD. The certificate could be of use only in the State of Digitally Signed By:AJIT KUMAR Signing Date:01.07.2025 13:29:56 W.P.(C) 373/2024 & W.P.(C) 10587/2024 UP. Accordingly, the counter affidavit prayed that the OA be dismissed. The Impugned Judgment

13. The Tribunal has, by the impugned judgment dated 8 December 2023 allowed the OA. In doing so, it has relied on the judgment passed by a Coordinate Bench of this Court in GNCTD v Rishabh Malik11.

14. As against this, before the Tribunal, the DSSSB relied on the judgment of the Supreme Court in GNCTD v Pradeep Kumar12.

15. Apart from relying on the judgment in Rishabh Malik and a Coordinate Bench of the Tribunal itself in Hemant Kumar v GNCTD13, there is no independent reasoning in the impugned judgment of the Tribunal. Nor does the judgment deal with the decision of the Supreme Court in Pradeep Kumar on which the DSSSB relied.

16. Following the decisions in Rishabh Malik and Hemant Kumar, the Tribunal has, by the impugned judgment quashed the Result Notice dated 29 April 2022 and has directed that the respondent be granted appointment pursuant to the Vacancy Notice, and granted consequential benefits with effect from the date her immediate junior in merit was granted appointment. The benefits would be notional till 11 2019 SCC OnLine Del 8303 12 (2019) 10 SCC 120 13 Judgment dated 24 March 2023 in OA 2046/2019 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:01.07.2025 13:29:56 W.P.(C) 373/2024 & W.P.(C) 10587/2024 the date Jyoti assumes the charge of the post and actual thereafter. The present Writ Petition, and rival stands therein

17. Aggrieved by the aforesaid judgment, DSSSB has approached this Court by means of the present writ petition.

18. We have heard Ms. Avnish Ahlawat, learned Standing Counsel for the petitioners and Mr. Pardeep Dahiya, learned counsel for the respondent at length.

19. Written submissions have also been filed by learned counsel.

20. The DSSSB has, before this Court, sought to place reliance on the stipulation in the Advertisement 02/2018 to the effect that reservation for SC/ST/OBC candidates would be granted as per the policy of the GNCTD and that only OBC (Delhi) candidates would be entitled to the benefit of reservation. Para 2(ix) of the petition asserts thus: That further, vide Supplementary Result Notice No. “(ix) 1378 dated 29.04.2022, the candidature of Respondent/ Jyoti was considered and rejected for the post code 21/18 on the ground that the Respondent was shortlisted for skill test as OBC (Delhi) category candidate as she had availed benefit of reserved category and was treated as Qualified in OBC Category after considering percentage of error (dictation/shorthand) i.e. upto 10%. The Respondent had submitted OBC certificate No. 9641104432 dated 02.01.2013 vide which she has been declared as NAI community of Uttar Pradesh State and as such she did not hold/possess OBC (Delhi) certificate issued under Notification No. F.28(93)/91-92 / F.(8)/11/99- SC/ST/P&S/4384 2000/DS/CST/SCP/OBC/ 2855 dated 31.05.2000 and F.8(6)/2000- 01/DSCST/CS/ OBC/11677 dated 05.07.2004. As such, she did not

20.01.1995, Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:01.07.2025 13:29:56 W.P.(C) 373/2024 & W.P.(C) 10587/2024 hold valid OBC certificate to validate her candidature for the post code 21/18. She was also not eligible under UR category. Copies of the above notifications are annexed herewith as Annexure-D (Colly).”

21. The Notifications dated 20 January 1995, 31 May 2000 and 5 February 2004, issued by the GNCTD, to which reference is made in the afore-extracted paragraph from the writ petition, read thus: Notification dated 20 January 1995 “WELFARE OF SC/ST/OBC DEPARTMENT NOTIFICATION Delhi, the 20th January, 1995 No. F;28(93)/91-92/SCST/P&S/4384 - Whereas a Commission known as the “Commission” for the Other Backward Classes of the National Capital Territory of Delhi” has been constituted vide this Government’s notification No.F.28(93)/91- 92/SCST/P&S/109 dated 20th April, 1993, to examine requests for inclusion of any class of citizens as a backward class in the lists and hear complaints of over-inclusion or under-inclusion of any backward class in such lists and tender such advice to the Government as it deems appropriate; And whereas the said Commission has. vide its report dated the 21st October, 1994, identified as many as 53 castes / communities to be declared as Other Backward Classes in the National Capital Territory of Delhi and recommended 27 per cent reservation for them excluding those in the creamy layer. Now, therefore, in pursuance of the report of the said Commission and with the prior approval of the Government of letter no. M- India conveyed vide Ministry of Welfare’s 12011/79/94-BCC dated the 9th January 1995, the Lt. Governor of the National Capital Territory of Delhi, hereby notifies the list of Other Backward Classes in the National Capital Territory of Delhi, as under-

1. Abbasi, Bhishti, Sakka 2. Agri, Kharwal, Kharol, Khariwal 3. Ahir, Yadav, Gwala 4. Arain, Rayee, Kunjra 5. Badhai, Barhai, Khati, Tarkhan, Jangra Brahmin, Vishwakarma, Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:01.07.2025 13:29:56 W.P.(C) 373/2024 & W.P.(C) 10587/2024 Panchal, Mathul-Brahmin, Dheeman, Ramgarhia Sikh. 6. Badi 7. Bairagi 8. Bairwa, Berwa 9. Barai, Bari, Tamboli 10. Bauria/Bawria (excluding those in SCs) 11. Bazigar, Nat, Kalandar (excluding those in SCs) 12. Bharbhooja, Kanu 13. Bhat, Bhatra, Darpi, Ramiya 14. Bhatiara 15. Chak 16. Chippi, Tonk, Darzi, Idrishi (Momin), Chimba 17. Dakaut, Prade 18. Dhinwar, Jhinwar, Nishad, Kewat/Mallah (excluding those in SCs), Kashyap (Non Brahmin), Kahar 19. Dhobi (excluding those in SCs) 20. Dhunia, Pinjara, Kandera-Karan, Dhunnewala, Naddaf, Mansoori. 21. Fakir, 22. Gadaria, Pal, Baghel, Dhangar, Nikhar, Kurba, Gadheri, Gaddi, Garri. 23. Ghasiara, Ghosi 24. Gujar, Gurjar 25. Jogi, Goswami, Nath, Yogi, Jugi, Gosain. 26. Julaha, Ansari (excluding those in SCs). 27. Kachhi, Koeri, Murai, Murao, Maurya, Kushwaha, Shakya, Mahato. 28. Kasai, Qassab, Quraishi 29. Kasera, Tamera, Thathiar 30. Khatgune 31. Khatik (excluding those in SCs) 32. Kumhar, Prajapati 33. Kurmi 34. Lakhera, Manihar 35. Lodhi, Lodha, Lodh, Maha Lodh 36. Luhar, Saifi, Bhubhalia 37. Machi, Machhera 38. Mali Saini, Southia, Southia, Sagarwan Shimali, Nayak 39. Memar, Raj 40. Mina/Meena 41. Merasi, Mirasi 42. Mochi (excluding those in SCs) 43. Nai, Hajjam, Nai (Sabita), Sain, Salmani. 44. Nalband 45. Naqqal 46. Pakhiwara 47. Patwa 48. Pathar Chera, Sangtarash Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:01.07.2025 13:29:56 W.P.(C) 373/2024 & W.P.(C) 10587/2024

49. Rangrez 50. Raya-Tanwar 51. Sunar 52. Teli 53. Rai-Sikh The above list shall come into effect from the date of issue of this notification. By order and in the name of the Lt. Governor of the National Capital Territory of Delhi F. Pahuna, Secy.” Notification dated 31 May 2000 “DIRECTORATE FOR THE WELFARE OF SC/ST NOTIFICATION Delhi. the 31st May, 2000 – No.F.8/11/99-2000/DSCST/SCP/OBC/2855 The Government of National Capital Territory of Delhi vide Department of Welfare of Scheduled Caste/ Scheduled Tribes Notification No.F.28(93)/91-92/SCST/P&S/109, dated 20th April 1993 had constituted a Commission known as “Commission for Other Backward Classes” to examine requests for inclusion of any class of citizens as a backward class in the list and hear complaints of over-inclusion or under-inclusion of any backward class in such lists. On the recommendations of the abovesaid Commission, 53 Castes/Communities were notified for inclusion in the list of Other Backward Classes for Delhi vide Notification No. P 28(93)/91- 92/SCST/P&S/4384, dated 20-1-95. The abovesaid Commission has submitted its IInd report wherein a recommendation for inclusion of “Jat” Caste/Community in the OBC list for Delhi has been made. This recommendation has been accepted by the Government of National Capital Territory of Delhi and after the approval of Govt. of India, Ministry of Social Justice and Empowerment conveyed vide letter No.12011/49/99- BCC(Con.) dated 24th April 2000, the Lt. Governor of National Capital Territory of Delhi, hereby notifies to include the “Jat” Caste / Community in the State list of Other Backward Classes of National Capital Territory of Delhi, as under : Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:01.07.2025 13:29:56 W.P.(C) 373/2024 & W.P.(C) 10587/2024 Sl.No. Old Entry New Entry 54. Nil Jat The abovesaid inclusion shall come into effect from the date of issue of this notification. By order and in the name of the Lt. Governor of the National Capital Territory of Delhi H.A. ARFI, Secy.” Notification dated 5 February 2004 “DEPARTMENT FOR THE WELFARE OF SC/ST/OBC/MINORITIES NOTIFICATION Delhi, the 5th February 2004 No. F 8(6)/2000-01/DSCST/SCP/OBC/11677 – Whereas the Government of National Capital Territory of Delhi, vide Department of Welfare of Scheduled Caste / Scheduled Tribes Notification No.F.28(93)/91-92/SCST/P&S/109, dated 20th April 1993, had constituted a commission known as ‘Commission for other Backward Classes’ to examine requests for inclusion of any class of citizens as a backward class in the list and hear complaints of over-inclusion or under-inclusion of any backward class in such lists; And whereas on the recommendations of the abovesaid Commission, 53 Castes/communities were notified for inclusion in the list of Other Backward Classes for Delhi vide Notification No.F. 28(93)/91-92/SCST/P&S/4384 dated the 20th January 1995 and whereas the “Jat” Caste / community was further included in for Delhi vide NotificationNo.F.8/11/99-2000/DSCST/SCP/OBC/2855, dated the 31st May, 2000 on the basis of the recommendation made by the said Commission for Other Backward Classes in its Second Report; list of Other Backward Classes And whereas the abovesaid Commission has submitted its Third and Fourth / communities for inclusion in the OBC list for Delhi and whereas the recommendations of the Commission were accepted by the Government of National Capital Territory of Delhi in toto; recommending certain castes reports Now, therefore, with the approval of the Government of Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:01.07.2025 13:29:56 W.P.(C) 373/2024 & W.P.(C) 10587/2024 India, Ministry of Social Justice and Empowerment conveyed vide then letter No.12011/5/2002-BCC dated the 17th October, 2003, the Lt. Governor of National Capital Territory of Delhi hereby notified to include the following Castes / Communities in the State list of Other Backward Classes of National Capital Territory of Delhi, namely: S.No. 21 55 56 57 58 59 60 61 62 63 64 Old Entry Fakir Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil New Entry Fakir, Alvi Od Charan, Gadavi Bihar, Rajbhar Jaisal/Jayaswal Kosta / Kostee Meo Ghrit, Bahti, Chahng Ezhava Thiyya Raikwar Rayakwar Rawat/Rajput Rawat / The abovesaid inclusion shall come into effect from the date of issue of this notification. By order and in the name of the Lt. Governor of the National Capital Territory of Delhi C.TARGAY, Secy.”

22. The writ petition also seeks to distinguish the decision in Rishabh Malik on the ground that, apart the OBC (Migrant/Outsider) certificate tendered by the candidate Rishabh Malik in that case, he was also in possession of an OBC (Delhi) certificate dated 23 March 2015, on the basis of which he was ultimately selected. As against this, it is submitted that the respondent has no such certificate with her. The certificate dated 2 January 2013 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:01.07.2025 13:29:56 W.P.(C) 373/2024 & W.P.(C) 10587/2024 has been issued on the basis of an earlier OBC certificate issued to her father by the State of UP, certifying that the Nai community was an OBC in the State of UP and the certificate dated 12 July 2017 applies only to appointment for posts under the Government of India, as is specifically stated in the Certificate itself. Besides, the OBC certificate dated 2 January 2013 does not conform to the stipulations envisaged in Clause 5 of the Vacancy Notice and is not therefore a valid OBC certificate for the purposes of the advertisement. Ground C in the writ petition sets out the following format, in which as per Notification dated 20 January 1995 of the GNCTD, the OBC certificates are required to be issued: “REVENUE DEPARMTENT, GOVT OF NCT OF DELHI OFFICE OF THE DISTRICT MAGISTRATE SUBDIVISION : ________ DISTRICT OBC CERTIFICATE (DELHI) CERTIFICATE NO. ________________ This is to certify that ___________ (Name) S/o ______________ (Father Name0 Ro. ______________(address) belongs to the _______community which is recognized as Other Backward Class under the Government of NCT of Delhi notified vide Notification No.F.28(93)/91-92/SCST/P&S/4387 dated 20/01/1995 published in the Gazette of Delhi Extraordinary Part-IV. __________(Name) and his ____________ Delhi _____(Pin Code) INDIA. family ordinarily resides at This is also to certify that he does not belong to the persons/ sections (Creamy layer) mentioned in column 3 of the Schedule to the Govt. of India, Department of Personnel & Training O.M. No. 36012/22/93-Estt(SCT), 36033/3/2004- Estt(Res), 36033/1/2013- Estt(Res) dated 8/9/1993, 9/03/2004 & 14/10/2008 and 27/05/2013 respectively. Tehsildar / Executive Magistrate (Sub-Division) Date” Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:01.07.2025 13:29:56 W.P.(C) 373/2024 & W.P.(C) 10587/2024

23. Moreover, it is submitted that the case is covered by the judgment of the Supreme Court in Pradeep Kumar.

24. These contentions have been reiterated by Ms. Ahlawat during arguments before the Bench. She has also filed written submissions which placed reliance on the judgments of the Supreme Court in Pradeep Kumar, Bir Singh v Delhi Jal Board14, MCD v Veena15, GNCTD v Ravindra Singh16 as well as of this Court in Deepak Kumar v District & Sessions Judge, Delhi17, and Pooja Rohilla v GNCD18.

25. Responding to the submissions of Ms. Ahlawat, Mr. Dahiya, learned counsel for the respondent submits that, in the light of the certificates dated 2 January 2013 and 12 July 2017 issued to Jyoti, no fault could be found with the judgment of the Tribunal. He submits that the issue is covered by the decisions of this Court in DSSSB v Tanisha Ansari19 and GNCTD v Anjana20. Analysis

26. We have heard learned counsel for both sides and applied ourselves to the facts and rival contentions.