The Central Administrative Tribunal (CAT) has directed the All India Institute of Medical Sciences (AIIMS), Delhi, to reinstate a pharmacist candidate whose appointment was denied over procedural objections to the timing of his OBC (Non-Creamy Layer) certificate, despite his undisputed eligibility.

A Bench comprising Hon’ble Ms. Harvinder Kaur Oberoi and Hon’ble Dr. Sumeet Jerath held that the rejection of the applicant, Praveen, was arbitrary and discriminatory, emphasizing that OBC status is a matter of birth and not acquisition and that the caste certificate merely affirms this fact.

In response to AIIMS’ 2022 recruitment notice for the post of Pharmacist Grade-II under the OBC (NCL) category, the applicant appeared in the March 2023 examination and secured first rank in the OBC list with 64 marks. During delayed document verification in May 2023, he submitted a 2015-issued OBC certificate, renewed in April 2023, along with a clarification letter from the Sub-Divisional Magistrate confirming his non-creamy layer status for FY 2022–23. Despite this, AIIMS cancelled his candidature, citing non-submission of an OBC (NCL) certificate precisely covering the period from 01.04.2022 to 31.03.2023.

The applicant contended that he had consistently belonged to the OBC (NCL) category and supported his claim with three certificates, including one specifically issued for FY 2022–23. He relied on Priyanka Rani v. UOI, where the Delhi High Court held that caste status does not fluctuate with certificate issuance dates, and technicalities should not override substantive rights.

AIIMS argued that the applicant failed to meet the cut-off date requirements stipulated in the recruitment advertisement. They maintained that relaxing the rules would compromise procedural fairness and disadvantage other candidates who complied strictly with the norms.

Tribunal’s Findings

The Tribunal found that the applicant’s caste status was consistent and verified through multiple valid documents. It held that the denial of appointment on narrow procedural grounds amounted to a “hyper-technical” interpretation. Referring to the Supreme Court-backed precedent in Ravi Kumar v. AIIMS, the Bench reiterated that a person’s caste is an inherent status, and rigid cut-off dates should not deprive a candidate of rightful employment opportunities.

The Tribunal also noted that such a rejection violated Articles 14 and 16 of the Constitution, which guarantee equality and non-discrimination in public employment.

Quashing the cancellation order dated 30.11.2023, the Tribunal directed AIIMS to consider the applicant for appointment to the post of Pharmacist, noting his first-rank merit in the OBC category and overall 13th position. The appointment process is to be completed within two months of receiving the certified order. The applicant will receive notional benefits including pay fixation, seniority, and allowances, though arrears of pay were denied under the ‘No Work, No Pay’ principle.

Case Title: Praveen v. All India Institute of Medical Sciences
Case No.: O.A. No. 3799/2024
Coram: Hon’ble Ms. Harvinder Kaur Oberoi, Hon’ble Dr. Sumeet Jerath
Advocates: Adv. Divyansh Hanu Rathi (Applicant), Adv. V.S.R. Krishna, Sumit Chander, Gurdeep Chauhan (Respondents)