TMI Blog2016 (2) TMI 1357X X X X Extracts X X X X X X X X Extracts X X X X ..... amma Paul v. Cochin University and Ors. [ 1996 (1) TMI 484 - SUPREME COURT ]. The decision rendered in the case of Pushpa is in conformity with the position of law laid down by this Court, which have been referred to supra. 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 this 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 opport ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sequently issued the admit card to appear in the examination. Having appeared in the examination, he was shortlisted for selection. However, his name did not appear in the final list of selected candidates. On enquiry, he was informed by the concerned official that he was not selected to the post for the reason that he had failed to submit the OBC certificate issued by the appropriate authority along with application form before the last date of submission of application form. 5. Aggrieved of the action of Respondent-DSSSB, the Appellant, along with the other aggrieved candidates, filed Writ Petition(C) No. 382 of 2009 before the learned single Judge of the High Court of Delhi, seeking the issuance of a writ of mandamus commanding the Respondent-DSSSB to accept the OBC certificates submitted by them after the cut off date for selection to the post of Staff Nurse in the Department of Health and Family Welfare, Government of NCT of Delhi as provided in the advertisement. The Appellant relied on the judgment dated 11.02.2009 passed in Writ Petition (C) No. 9112 of 2008 by the High Court of Delhi in the case of Pushpa v. Government of NCT of Delhi and Ors., whereby the High Court ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 15.12.2008, holding that the Appellant was not eligible for selection of the post of Staff Nurse as the O.B.C. certificate was received after cut-off date. The learned Counsel contends that the stand of Respondent-DSSSB is arbitrary, illegal and unreasonable and is also contrary to the settled proposition of law and guidelines issued on reservation and concession for candidates belonging to the reserved categories. The learned Counsel places reliance upon the judgment of the Delhi High Court in the case of Tej Pal Singh and Ors. v. Govt. of NCT of Delhi ILR 2001 Delhi 298, wherein it was categorically held by the High Court that the Petitioners therein were entitled to submit such certificates even after the cut-off date fixed by the advertisement. 9. The learned Counsel further contends that this Court in the cases of Secretary, State of Karnataka and Ors. v. Uma Devi (3) and Ors. : (2006) 4 SCC 1 and Delhi Transport Corporation v. D.T.C. Mazdoor Congress and Ors. : 1991 Supp (1) SCC 600 has held that the State is meant to be a model employer and must give due importance to the fundamental rights of equality and opportunity in the matter of public appointment guaranteed Under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt of the late submission of caste certificate. The relevant paragraph from the judgment of this Court in the case of Indra Sawhney (supra) has been extracted in the case of Pushpa (supra) along with the speech delivered by Dr. Ambedkar in the constituent assembly and reads thus: 9.... xxx 251. Referring to the concept of equality of opportunity in public employment, as embodied in Article 10 of the draft Constitution, which finally emerged as Article 16 of the Constitution, and the conflicting claims of various communities for representation in public administration, Dr Ambedkar emphatically declared that reservation should be confined to 'a minority of seats', lest the very concept of equality should be destroyed. In view of its great importance, the full text of his speech delivered in the Constituent Assembly on the point is appended to this judgment. But I shall now read a few passages from it. Dr Ambedkar stated: ...firstly, that there shall be equality of opportunity, secondly, that there shall be reservations in favour of certain communities which have not so far had a 'proper look-in' so to say into the administration .... Supposing, for ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... competent authority to this effect is only an affirmation of fact which is already in existence. The purpose of such certificate is to enable the authorities to believe in the assertion of the candidate that he belongs to 'SC' category and act thereon by giving the benefit to such candidate for his belonging to 'SC' category. It is not that Petitioners did not belong to 'SC' category prior to 30th June, 1998 or that acquired the status of being 'SC' only on the date of issuance of the certificate. In view of this position, necessitating upon a certificate dated prior to 30th June, 1998 would be clearly arbitrary and it has no rationale objective sought to be achieved. 18. While taking a particular view in such matters one has to keep in mind the objectives behind the post of SC and ST categories as per constitutional mandate prescribed in Articles 15(4) and 16(4) which are enabling provisions authorising the Government to make special provisions for the persons of SC and ST categories. Articles 14(4) and 16(4), therefore, intend to remove social and economic inequality to make equal opportunities available in reality. Social and economic justice ..... X X X X Extracts X X X X X X X X Extracts X X X X
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