$-6&7 {< IN THE HIGH COURT OF DELHI AT NEW DELHI + w.P.(c) r376120t0 MUNICIPAL CORPORATION OF DELHI ..... Petitioner t Through Mr.Gaurang Kanth, Adv. E versus SEEMA ..... Respondent { Through Mr,M.K.Bhardwaj, Adv. for R-1 ! Ms.Rinchen O.Bhutia, Adv. for R-2. + W.P.(C) 19ss/2010 GNCT OF DELHI AND ORS. ..... Petitioners Through Ms.Avnish Ahlawat, Adv. VCTSUS SEEMA AND ANR .... Respondents Through Mr.M.K.Upadhyay for Ms. Mini Pushkarna, Adv. for R-2 \{ CORAM: HON'BLE MR. JUSTTCE PRADEEP NANDRAJOG I HON'BLE MR. JUSTTCE MOOL CHAND GARG ORDER r.9.08.20r.0 1. Heard learned counsel for the parties. 2. Vide impugned judgment and order dated 17.08.2009 the Tribunal has held that since MCD itself has granted benefit of 5% relaxation in marks by reducing qualifying marks for SC/ST candidates to 45o/o has entitled OBC candidates to the same benefit. W,P.(C) L376l2olo & 1955/2010 page 1 of 2 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified \4 I 3. The reasoning of the Tribunal is ex-facie faulty for the reason SC/ST candidates and OBC candidates do not form one homogenous group and the question of parity, for purposes of equality, of SC/ST candidates with OBC candidates does not arise. 4. But we agree with learned counsel for the respondent that other issues.faised and especially the issue raised vide ground 'B' of the l writ petition which was filed in the Delhi High Court and on being D transferred before the Tribunal got registered as TA No.120412009, requires adj udication. 5. We do not find that the Tribunal has adjudicated with reference to ground 'B'. 6. Accordingly we dispose of the writ petition quashing the impugned order dated 17.08.2009 and as a result setting aside the finding returned by the Tribunal that OBC candidates have to be treated at par with SC/ST candidates. 7. But, noting that the issue raised vide ground 'B' in the writ petition which was numbered as TA No.1204/2009 has not been decided by the Tribunal, we restore TA No.1204/2009 with a direction to the Tribunal to decide the question raised before it vide ground 'B' of TA No.120412009. 8. Parties shall appear before the Registrar of the Tribunal on P 13.09.2009 who shall restore TA No.12O4l2OOg and place it before an appropriate Bench for adjudication. 9. No costs. -) -"\efl+T \U PRADEEP NANDRAIOG,I MOOL AUGUST 19, 20LO ag w.P.(c) L376|2OLO & L9ss/20r.0 "-l page2 of 2