TMI Blog2001 (8) TMI 1381X X X X Extracts X X X X X X X X Extracts X X X X ..... s other than Delhi can be treated as OBCs in Delhi and can be extended the benefits related thereto in Delhi. The facts leading to the present cases, in brief, are as follows: Applications were invited from Indian citizens for appointment to the posts of primary and nursery teachers in the Municipal Corporation of Delhi on 16.7.1996. In the course of the notification the following was mentioned by a Note : NOTE : Candidates, seeking reservation as ST/SC/OBC/Exs/OH may submit the prescribed certificate from the competent authority in support of their claim with applications. The reservation policy to the categories of ST/SC/OBC/Exs and Physically Handicapped candidates shall be followed in accordance with the latest policy of Centr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tate, as such question will have to be examined with reference to situation in the State to which he migrates. He placed reliance upon the decision of this Court in Action Committee on Issues of Caste Certificate to Scheduled Castes and Scheduled Tribes in the State of Maharashtra Anr. v. Union of India Anr., 1994 (5) SCC 244, in which the question in relation to the interpretation of Articles 341 and 342 of the Constitution arose for consideration as to whether a person belonging to SC/ST in relation to his original State of which he is permanent or ordinary resident cannot be deemed to be so in relation to any other State on his migration to that State for the purpose of employment or education. In that case, this Court relied upon th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... suffered by that caste or group in that State. However, it may not be so in another State to which a person belongs thereto goes by migration. It may also be that a caste belonging to the same nomenclature is specified in two States but the considerations on the basis of which they been specified may be totally different. So the degree of disadvantages of various elements which constitute the data for specification may also be entirely different. Thus, merely because a given caste is specified in one State as belonging to OBCs does not necessarily mean that if there be another group belonging to the same nomenclature in other State and a person belonging to that group is entitled to the rights, privileges and benefits admissible to the mem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons (Creamy layer) mentioned in Column 3 of the Schedule to the Government of India, Department of Personnel and Training O.M. No. 36012/22/93-Estt. (SCT) dated 08.09.1993. Dtd: District Magistrate Dy. Commissioner etc. Seal NB a. The Term 'Ordinarily' used here will have the same meaning as in Sec. 20 of the Representation of the Peoples Act, 1950. b. For the purpose of verification of claims for belonging to castes/communities in Delhi as per the list notified by the NCT of Delhi, the certificate from the following authorities only will be accepted :- i). District Magistrate, Delhi ii). Addl. District Magistrate, Delhi. iii). Deputy Commissioner, Delhi. iv). Addl. Deputy Commissioner, Delhi. v). Sub- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he National Capital Territory of Delhi, but if the certificates issued in their original States of which they are permanent or ordinary residents were not good, the applications should have been treated as if they had been made in the general category and cases of the respondent- candidates ought to have been considered in general category. Therefore, to the extent, the applicants have attained necessary merit in the general list, they deserve to be appointed. The learned counsel for the appellants, however, pleaded that the respondent-candidates having applied for the posts as if they belong to OBC groups their applications could not be treated as falling under general category. We fail to appreciate this contention. The particulars fur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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