Synopsis

The respondent applied for the post of Operation Theatre Assistant at AIIMS under the OBC category. The advertisement required that the OBC‑NCL (Non‑Creamy Layer) certificate be issued between 1st April 2019 and 31st March 2020. The respondent possessed two certificates – one issued before and one after this period. Neither fell within the stipulated window. Despite being successful in the selection process, no appointment order was issued. The Central Administrative Tribunal (CAT) directed AIIMS to accept the certificate, subject to verification of creamy layer status, holding that denial on this technical ground was “against the spirit of justice.” The Delhi High Court set aside the Tribunal’s order, holding that courts cannot rewrite the terms of an advertisement. The requirement of a certificate issued within a specific period is a valid eligibility condition, and a candidate who fails to comply cannot claim appointment. The court also held that the Tribunal’s observation that “the only ground for denial is creamy layer” was erroneous – the primary ground was the invalidity of the certificate itself.

Court: High Court of Delhi at New Delhi

Coram: Justice C. Hari Shankar and Justice Om Prakash Shukla

Date of Judgment: 10th April 2026

Citation: W.P.(C) 2314/2023 (2026:DHC:3220-DB)

Core Law: Service law – recruitment – validity of caste certificate – compliance with advertisement terms – judicial review of Tribunal orders

2. Legal Framework

Major laws and provisions involved

• Constitution of India – Articles 14, 16 (equality in public employment)

• Service law – recruitment rules, eligibility conditions, caste certificate requirements

• Central Administrative Tribunal Act, 1985 – jurisdiction of CAT

Key legal principles applied

• Terms of advertisement are binding on candidates: A candidate who applies for a post in response to an advertisement is bound by the terms and conditions stipulated therein. The advertisement is the “rule of the game,” and the court cannot rewrite or relax its terms.

• Eligibility conditions cannot be relaxed on equitable grounds: Even if a candidate is otherwise meritorious, non‑compliance with a clear eligibility condition (such as the validity period of a caste certificate) disentitles him to appointment. Justice cannot be administered contrary to the law

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