This writ petition challenged the refusal of the petitioner's candidature for reservation benefits due to alleged failure to produce an OBC certificate. The Bench held that highly disputed questions of facts arise which cannot be decided under Article 226 and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 6
Case :- WRIT - A No. - 1283 of 2019
Petitioner :- Neelam Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dadhi Bal Yadav Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
This petition impugns an order dated 13 November 2018 pursuant to which the candidature of the petitioner who sought benefit of reservation being an OBC candidate has been refused on the ground that she failed to produce her category certificate on the date fixed for document verification.
The impugned order unequivocally records that the petitioner appeared on 20 July 2016 before the concerned Committee. It is further noted that on that date she did not produce her OBC certificate as a consequence of which she was treated as falling in the unreserved category. Noting that the marks obtained by her were lesser than the cut off fixed for that category, her candidature has not been processed further. Learned counsel has placed reliance upon the averments taken in paragraph-15 and 16 of the writ petition to contend that she had, in fact, produced the caste certificate before the Committee. However, as this Court reads the averments made therein it is evident that there is no denial of the unambiguous recital contained in the impugned order. The impugned order specifically notes the petitioner having affixed her signatures to the report drawn up by the members of the committee which had been constituted for document verification.
In view of the above, it is evident that highly disputed questions
of facts are raised which cannot be decided by this Court in exercise of power conferred under Article 226 of the Constitution. The writ petition is dismissed .
Order Date :- 25.1.2019 faraz
2 issues framed by the court
Whether this Court can decide highly disputed questions of fact regarding the production of category certificate at document verification.
Whether the petitioner's dispute regarding non-production of OBC certificate should be entertained under Article 226.
1 provisions across 1 enactments
Neelam Singh
State Of U.P.
Yashwant Varma
Sansad Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
