IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2022
(Arising out of SLP (C) No.14948 of 2016)
KARN SINGH YADAV Appellant
VERSUS
GOVT. OF NCT OF DELHI & ORS. Respondents
ORDER
Leave granted.
This appeal challenges the judgment and order dated 07.01.2013 passed by the High Court of Delhi in Writ Petition (C) No.55 of 2013.
We are presently concerned with the process of selection issued vide advertisement dated 30.08.2007 for the posts of “A”Grade Staff Nurse, Municipal Corporation of Delhi. The appellant had offered his candidature as a person belonging to Other Backward Class. His candidature was however rejected by the Authorities inter alia on the ground that the documents certifying him to be belonging to that community were not filed before the cut-off date.
The challenge raised by the appellant to such rejection did not meet with any success and the High Court by the order presently under challenge rejected the writ petition in limine.
It must be stated here that an identical fact situation came up for consideration before this Court in Ram Kumar Gijroya v. Delhi Subordinate Services Selection Board & Another, (2016) 4 SCC 754, wherein this Court ruled in favour of the concerned candidate. The instant matter is thus completely covered by said decision.
However, it must be noted here that as a result of cancellation of the candidature, the appellant was never appointed to the post in question and at this length in time, it will not be possible to grant any substantial relief to the appellant.
Therefore, the appeal is disposed of with no order as to costs.
.....................…....CJI.
(UDAY UMESH LALIT)
............................J. (S. RAVINDRA BHAT) ............................J. (J.B. PARDIWALA) New Delhi, September 28, 2022