Nisha Rani v. Union Of India

HONBLE RANBIR SINGH , MEMBER (A) The relief sought in this O. A. is as follows :- (i) Issuance of directions to appoint as Staff Nurse against their selection in the category of OBC as per Selection list in which applicant No. 2 is at Sr. No. 18 (Roll No. 26693) and applicant No. 1 at Sr. No. 39 (Roll No.12336) declared in accordance with rule and law. But not giving appointment to the applicants on the ground that Caste of applicants i.e. Lohar/Panchal is not included in the UT OBC list despite the fact that the caste of Lohar/Panchal is included in the list of OBC Caste/Community of U.T. Chandigarh. As per letter dated 4.10.2005 of the Ministry of Social Justice and Empowerment, Government of India, New Delhi, addressed to the Director Social Welfare, Chandigarh Administration, Chandigarh.

(ii) For issuance of direction to the respondents to treat the applicants as an OBC candidates and appointment them as Staff Nurse. 2.As per the O.A., respondent no.3 had issued an advertisement inviting applications for filling up the post of Staff Nurse. The applicants had submitted applications in response to the advertisement., The selection process is complete. In the list of OBC candidates, name of applicant No.1 is at Sr. No. 39 and that of applicant no. 2 is at Sr. No. 18. However, the applicants have not been sent on training. 3.The following grounds have been taken for the relief sought :- (a)The applicants have legitimate expectation of being appointed on his selection which cannot be defeated. (b)There is no logical reason or provision of any rule has been mentioned for not appointing them. (c)The action of the respondents is based on extraneous considerations and not in public interest. (d)The Honble Punjab and Haryana High Court have held that policy instructions issued by the Government are to be accepted. 4.The respondents have filed a common written statement according to which for claiming benefit of OBC, a caste should figure both in the Central as well as in the U.T List. Applicant No. 1 had submitted a certificate of belonging to Lohar Caste which is not included in the list of OBC either in the U.T. list or in the Central List. However, the caste of Bhuhalia-Lohar was included in the list of OBCs. Applicant No. 1 was directed on 11.10.2012 to furnish a revised / fresh certificate, upto 25th October, 2012 which she has not submitted. Applicant No. 2 belongs to case of Panchal which is not included either in the Central List or in the U.T. List of OBC. 5.We have heard learned counsel for the parties and perused the pleadings. 6.The applicants have not submitted the list of castes which are classified as OBCs in the Central List and in the U.T. List. Caste Certificates of respondent no. 1 has not been submitted. Caste of certificate of applicant No. 2 has been submitted according to which she belongs to Panchal Community which according to the respondents is not in the Central List and U. T. list of OBC. 7.The applicants have not established their claimed. Therefore this O.A. is dismissed. No costs. (RANBIR SINGH) MEMBER(A) (SANJEEV KAUSHIK) MEMBER (J) Place: Chandigarh Dated: