The Supreme Court has ruled that once a candidate has opted to take the benefit of the OBC reserved category, he cannot be allowed to claim general category.
A bench comprising Justices Tarun Chatterjee and H L Dattu while allowing the appeal of Union Government noted, â€˜In our opinion, having opted to consider his case only under the OBC category, he cannot thereafter claim that his case requires to be considered in the general merit only because he has scored better percentage of marks than the last selected candidate in the general merit.
â€˜In our considered view, the Administrative Tribunal having found that the appellants were justified in not considering respondents case for appointment under OBC category, ought not to have directed the appellants to consider his claim under general category,â€™ it added.
â€˜For the foregoing reasons, we allow this appeal and set aside the impugned order,â€™ the bench said.
The Union Government had challenged the judgment of Punjab and Haryana High Court dated April 25, 2005 vide which the order of the Tribunal was affirmed.
One Dalbir Singh had applied for the post of mazdoor in OBC category and also annexed his OBC certificate while applying for the post. Later, it was found that the OBC certificate dated May 4, 1997 had not been issued by Sub Divisional officer (SDO) Ambala and Dalbir later produced another OBC certificate dated August 14, 2000 showing his caste as Saini, which was not included in OBC category in Punjab and that was why he was not considered as an OBC candidate.
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