The appellant submitted his application form before the due date and was subsequently issued the admit card to appear in the examination.
The High Court, thus, set aside the order of the learned single Judge and allowed the Letters Patent Appeal filed by the respondent DSSSB.
The learned single Judge disposed of the writ petition vide judgment and order dated 24.11.2010, placing reliance on the judgment in the case of Pushpa supra , wherein the companytroversy centred around the same advertisement Notification issued by the same respondent.
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 companymanding 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.
382 of 2009, wherein the learned single Judge had allowed the Writ Petition and directed the respondents to accept the O.B.C. certificate of the appellants herein.
8087 of 2011 whereby the High Court set aside the judgment and order dated 24.11.2010 passed in Writ Petition C No.
whereby the High Court had granted O.B.C. benefit to the petitioners therein.
Hence, the present appeal.
The appellant relied on the judgment dated 11.02.2009 passed in Writ Petition C No.
of NCT of Delhi by way of publishing an Advertisement No.
09/2007 in the Newspaper.
Consequently, the learned single Judge disposed of the writ petition and directed the respondent to reconsider the application of the appellant and the other aggrieved candidates against the O.B.C. category within a period of one month.
The important question of law to be decided in these appeals is whether a candidate who appears in an examination under the O.B.C. category and submits the certificate after the last date mentioned in the advertisement is eligible for selection to the post under the O.B.C. category or number.
In the case of Pushpa, the application for the O.B.C. certificate had been filed much before the date of advertisement.
9112 of 2008 by the High Court of Delhi in the case of Pushpa v. Government of NCT of Delhi and Ors.,
Aggrieved, the respondent DSSSB filed Letters Patent Appeal No.
As the question of law arising in all these appeals is similar, for the sake of companyvenience and brevity, we refer to the facts of Civil Appeal arising out of SLP C No.27550 of 2012, which has been filed against the impugned judgment and order dated 24.01.2012, The necessary relevant facts required to appreciate the rival legal companytentions advanced on behalf of the parties are stated in brief hereunder The respondent Delhi Subordinate Services Selection Board hereinafter referred to as the DSSSB invited applications for selection to the post of Staff Nurse in the Department of Health and Family Welfare, Govt.
It was observed that the advertisement in the present case was published on 30.08.2007 and the last date of submission of the application form was 21.01.2008 and the appellant herein applied for O.B.C. certificate only ten days prior to the cut off date and hence, numbercase for grant of relief in favour of the appellant was made out.
The present appeals arise out of the impugned companymon judgment and order dated 24.01.2012 passed by the High Court of Delhi in Letters Patent Appeal No.562 of 2011 and Writ Petition C No.
However, his name did number appear in the final list of selected candidates.
GOPALA GOWDA, J. Leave granted.
On enquiry, he was informed by the companycerned official that he was number 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.
Having appeared in the examination, he was shortlisted for selection.
562 of 2011 before the Division Bench of Delhi High Court.
The last date of submission of the application form in the advertisement for the said post was 21.01.2008.
