TMI Blog2009 (2) TMI 923X X X X Extracts X X X X X X X X Extracts X X X X ..... oner submits that the respondent No. 2 vide their advertisement No. 09/2007 published in the newspaper in the month of January, 2008 had notified 1225 vacancies for the post of staff nurse and as far as the OBC category is concerned, 331 vacancies were reserved against this category. Last date for submission of the application fixed in the advertisement was 21.1.2008. Counsel further submits that petitioner is a 'Jaat' by caste and vide notification No. F.28(93)/91- 92/SC/ST/P S/4384 dated 20.1.1995 all the members of the 'Jaat 'community who are residents of Delhi at the time of issuance of said notification have been recognized in the category of OBC. 2. Counsel further submits that the petitioner had applied in the cat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e and should have taken prompt action to obtain the OBC certificate. 4. I have heard counsel for the parties and perused the record. 5. The question for determination in this case is as to whether the candidature of the petitioner for the post of Primary Teachers in the category reserved for 'OBC' be denied on the ground that the certificate of 'OBC' issued by competent authority from Government of NCT of Delhi and submitted by the petitioners later after the expiry of last date of submission of application i.e. 21st January, 2008. 6. As per the advertisement published in the month of January, 2008 issued by the Delhi Subordinate Services Selection Board, vacancies were reserved for various categories including ' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pressed and denied respect and equal opportunity in Indian society and were thus under-represented in nation-building activities. Later, reservations were introduced for other sections as well. 8. The principle of equality permeates the Constitution of India. All the citizens are entitled to be treated by the state equally, irrespective of their caste, race, religion, sex, descent, place of birth and residence. No citizen may be discriminated against by the state only on any of these grounds. The exceptions to this principle are made in favour of women and children, the backward classes, the Scheduled Castes and the Scheduled Tribes, and the weaker sections. 9. Referring to the reasons for reservation, the Hon'ble Apex Court in In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d effective in operation we have to safeguard two things, namely, the principle of equality of opportunity and at the same time satisfy the demand of communities which have not had so far representation in the State, . Constituent Assembly Debates, Vol. 7, pp.701-702 (1948-49). (emphasis supplied) These words embody the raison d'etre of reservation and its limitations. Reservation is one of the measures adopted by the Constitution to remedy the continuing evil effects of prior inequities stemming from discriminatory practices against various classes of people which have resulted in their social, educational and economic backwardness. Reservation is meant to be addressed to the present social, educational and economic backwardness ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... certificate in proof of the same could not have been rejected simply on account of the late submission of the certificates and submission of such certificates cannot be made a pre-condition for accepting the application forms. The relevant para of the said judgment is reproduced as under: 17. The matter can be looked into from another angle also. As per the advertisement dated 11th June, 1999 issued by the Board, vacancies are reserved for various categories including 'SC' category. Thus in order to be considered for the post reserved for 'SC' category, the requirement is that a person should belong to 'SC' category. If a person is SC his is so by birth and not by acquisition of this category because of any other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 39 and 46 are to make the quality of the life of the poor, disadvantaged and disabled citizens of the society meaningful. 19. One can usefully draw sustenance from the following words of wisdom spoken by the Apex Court in Valsamma Paul (Mrs.) v. Cochin University and Ors.: The Constitution through its Preamble, Fundamental Rights and Directive Principles created a Secular State based on the principle of equality and non-discrimination, striking a balance between the rights of the individuals and the duty and commitment of the State to establish an egalitarian social order. The emphasis, Therefore, is on a citizen to improve excellence and equal status and dignity of person with the advancement of human rights and constitutional phil ..... X X X X Extracts X X X X X X X X Extracts X X X X
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