MCD versus VEENA AND ORS.

Citation: [2001] SUPP. 1 S.C.R. 493 · Decided: 14-08-2001 · Supreme Court of India · Bench: S. RAJENDRA BABU · Disposal: Appeal(s) allowed
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Judgment (excerpt)

M.C.D. 
A 
VEENA AND ORS. 
AUGUST 14, 2001 
[S. RAJENDRA BABU AND DORAISWAMY RAJU, JJ.] 
B 
Service Law : 
I 
Appointment-Reservation-Candidates belonging to other Backward 
Classes-Claim for appointment under one state on the basis of certificates C 
issued by another State-Government of N.C. T. of Delhi-Notification stating 
that certificate issued by specified authorities only will be accepted-
Application rejected as not in proper order-Validity of-Held, specification 
of a particular caste as OBC in one State does not necessarily mean that the 
persons· belonging to same nomenclature in other State would be entitled to 
same rights and privileges-Rejection of application, just and proper- D 
However, candidates entitled to be considered for appointment i~ general 
category-Constitution of India, 1950-Articles 16(4), 341 and 342. 
Municipal Corporation of Delhi invited applications for appointments 
to the posts of Primary and Nursery teachers. A notification was issued E 
requiring candidates seeking reservation to submit in proof of their claim 
the certificate issued by the competent authorities. Applications of the 
candidates claiming reservation under other backward classes on the basis 
of certificates issued in their respective States other than Government of 
National Capital Territory of Delhi, were ~ejected. The respondents filed writ 
petitions which were allowed by the High Court observing that the F 
advertisement issued by the appellant-Corporation did not indicate the form 
in which OBC certificates were to be filed and, therefore, there was no 
obligation on the respondents to produce such certificate only from the 
prescribed authority in Delhi. High Court held that the certificates were in 
order and directed the appellant-Corporation to proceed with the selection G 
process. Hence the present appeal by Municipal Corporation of Delhi. 
On behalf of appellants it was contended that a person belonging to a 
particular group in OBC in .relation to his original State of which he was 
a permanent or ordinary resident could not be deeme.d to be so in relation 
493 
H 
494 
SUPRt::ME COURT REPORTS [2001] SUPP. I S.C.R. 
A to any other State on his migration to that State for the purpose of employment 
or education in that State, and such question would be examined with reference 
to situation in the State to which he migrated. 
On behalf of respondent-candidates it was contended that since there 
was no specific mention in the notification as to the manner in which the 
B certificates were to be produced in proof of their caste, the view taken by the 
High Court was justified. 
Partly allowing the appeal, the Court 
HELD : I. High Court was not justified in directing the appellant 
C corporation to proceed with the selection process by "treating the certificates 
of respondent-candidates to be in order. The High Court erred in ignoring 
the necessary notification issued in regard to classification ofOBC categories 
in the matter of verification thereof. 1499-E; 496-FI 
D 
2. I. Castes or groups are specified in relation to a given State or 
Union Territory, which obviously means that such caste would include caste 
belonging to an OBC group in relation to that State or Union Territory for 
which it is specified. 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 
E belonging to that group is entitled to the rights, privileges and benefits 
admissible to the members of that caste. These aspects have to be borne in 
mind while interpreting the provisions of the Constitution with reference to 
application of reservation to OBCs. 1497-E, G, H; 498-AI 
2.2. In the instant case, a careful reading of the Government notification 
F dated 15.I 1.1993 and Annexure 'AA' thereto would indicated that the OBCs 
would be recognised as such in the National Capital Territory of Delhi as 
notified in the notification dated 20.1.1995 and further for the purpose of 
verification of claim regarding Castes/Communities in Delhi as per the list 
notified by the National Capital Territory of Delhi the certificates will have 
G to be issued by the specified authorities and certificates issued by any other 
authority could not be accepted. The Government of India has also issued 
instructions from time to time in this regard which indicated that a person 
belonging to OBC on migratio
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