Case: Union of India &amp; Others Vs. Kamal Kishore &amp; Others

2. The writ petitions filed by the Respondents seeking appointment to the post of Constable G.D. in Central Reserve Police Force (CRPF) in the category of Other Backward Classes (OBCs) were allowed by a learned Single Judge of the High Court of Uttarakhand at Nainital. The Appeals filed by the Union of India were dismissed by a Division Bench. The Appellants have approached this Court challenging the correctness of the said judgment of the High Court3. An advertisement was issued on 24th July, 2010 duly published in daily newspaper Uttar Ujala inviting applications for appointment to the post of Constable G.D. in the CRPF from Indian citizens residing in the States of Uttar Pradesh and Uttarakhand. 78 vacancies were notified out of which nine were reserved for OBCs. 13 backlog vacancies of OBCs were also included in the notification. The Respondents who belong to Saini, Momin (Ansar), Gujjar and Kahar communities applied for being considered for appointment to the posts reserved for OBCs. They qualified in the written examination and appeared before a medical board for medical examination. Their names were not included in the final list that was prepared for appointment. On enquiry, they found that their names were shifted to the general category from the OBC category on the ground that the castes to which they belong did not find place in the OBCs List for the Central Government services for Uttarakhand State as per Swamys Compilation on Reservations and Concessions book. They could not be appointed on the basis of the marks they obtained in the general category4. The Respondents filed Writ Petitions in the High Court of Uttarakhand seeking issuance of Mandamus for commanding the Appellants to appoint them to the post of Constable G.D. in CRPF against the post reserved for OBC candidates of UttarakhandThe learned Single Judge of the High Court of Uttarakhand at Nainital allowed the Writ Petitions vide judgment dated 11th October, 2011 by relying upon a judgment of the High Court in Deepak Kumar v. Gurukul Kangri University, Haridwar, CWP No.1768 of 2011. It was also held that there is no dispute about the fact that the castes to which the Respondents belong are OBCs in the State of Uttarakhand. The Appellants could not succeed in convincing the Division Bench of the High Court that the judgment of the learned Single Judge warranted interference6. Ms. Indu Malhotra, learned senior counsel appearing for the Union of India relied upon a proceeding dated 12th March, 2007 which was filed along with the rejoinder to contend that there was only one caste included in the Central List for the State of Uttarakhand.

Reasoning: We are not in agreement with the said submission as a perusal of the proceeding dated 12th March, 2007 would show that it pertains to inclusion/ amendments in the Central List of OBCs in respect of various States. There is no doubt that one casteh (Mahatam) was shown in the proposed Entry at serial No.1. It means that the caste was included by the proceeding as an OBC. It does not mean that there was only one caste falling within the category of OBCs in the State of Uttar Pradesh. The position as it existed pertaining to reservation to OBC posts in Uttarakhand is explained by the National Commission for Backward Classes. It is clear from the affidavit filed by the National Commission for Backward Classes that a decision was taken in 2010 to apply the Central List prepared for the State of Uttar Pradesh to the State of Uttarakhand till the List of OBCs for Uttarakhand was finalized. The List was finalized in 2011. There cannot be any doubt that the Respondents belong to the castes which were included in the Central List of OBCs for the State of Uttar Pradesh and were entitled to be considered for the posts reserved for OBCs in the advertisement that was issued on 24th July, 2010. There was some confusion about the applicability of the Lists of the OBCs prepared by the States of Uttar Pradesh and Uttarakhand for implementing reservation in the States civil posts. Those Lists have no relevance for appointment to services under the Union of India7. Before concluding, it is necessary to mention that the Respondents were deprived of their consideration to the posts reserved for OBCs only on the ground that the castes to which they belong did not find a place in Swamys Compilation on Reservations and Concessions book. This practice of relying upon private books for the purpose of defeating the rights of citizens is deprecated. The Union of India ought to have referred to the Resolutions of the National Commission for Backward Classes and the Central List that were prepared by the Government of India from the official publications. For no fault of theirs, the Respondents were not considered for appointment as Constables G.D. in CRPF in the year 2010.