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2001 (8) TMI 1381 - SC - Indian Laws

Issues:
- Recognition of OBC certificates from States other than Delhi for recruitment in Municipal Corporation of Delhi
- Extension of OBC benefits to candidates from other States in Delhi

Analysis:
The Supreme Court had to determine whether OBC certificates from States other than Delhi could be valid for recruitment of primary and nursery teachers in the Municipal Corporation of Delhi. Additionally, the question arose if OBCs from States other than Delhi could be considered OBCs in Delhi and receive related benefits. The High Court had previously ruled in favor of candidates claiming to belong to OBCs from other States, stating that the notification did not specify the form in which OBC certificates had to be submitted for posts in Delhi. The appellants argued that OBC status should be determined based on the State to which a person migrates, not their original State. The Court referred to previous cases regarding SC/ST interpretations and emphasized that the classification of OBCs is specific to each State or Union Territory, considering the social hardships faced by the group in that region.

The Court highlighted the Government of India's notification requiring OBC candidates to submit specific forms of certificates for Delhi appointments. The prescribed form, Annexure 'AA,' mandated certificates only from specified authorities in Delhi. The Court noted that OBC recognition in Delhi was based on the 1995 notification and certificates from other authorities could not be accepted. The appellants argued that candidates migrating to Delhi from States where their caste was not listed as OBC were not entitled to OBC benefits in Delhi. The Court criticized the High Court for overlooking these notifications and verification requirements, leading to an erroneous order.

Regarding the respondent-candidates, the Court ruled that if their original State certificates were invalid, their applications should have been treated as general category. The Court directed that the candidates' applications be considered in the general category if they met the necessary merit, within three months. The appellants' contention that the candidates' applications could not be considered in the general category due to OBC claims was rejected. The Court instructed the appellants to appoint the candidates to available vacancies or create new posts if necessary. Ultimately, the High Court's order was set aside, and the appeals were allowed without costs.

 

 

 

 

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