The High Court dismissed the writ petition of a petitioner applying for the post of Constable. The claim was rejected because his O.B.C. caste certificate dated 2014 fell outside the mandatory period (2015-2016), and he could not compete in the unreserved category.
The writ petition dismissed as it lacks merits.
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Court No. - 40
Case :- WRIT - A No. - 4128 of 2020
Petitioner :- Akash Kumar Yadav Respondent :- State of U.P. and Another Counsel for Petitioner :- Syed Mushfiq Ali Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner's claim for appointment on the post of Constable as an O.B.C. candidate has not been considered on the ground that his caste certificate is not of the relevant date.
As per the terms of recruitment the caste certificate had to be issued between the period 1.4.2015 to 17.2.2016, whereas the caste certificate relied upon by the petitioner is of the year 2014. A Full Bench of this Court in case of Gaurav Sharma Vs. State of U.P. and others reported in (FB) 2017 (5) ADJ 494 has already examined this aspect and has clearly held that the benefit of O.B.C. category can be granted to a candidate only if the caste certificate is of the specified date. A certificate issued prior to the cut off date or subsequent in point of time therefore would not constitute any valid basis for grant of O.B.C. status to a candidate concerned. Petitioner has otherwise not been able to compete in the unreserved category. In such circumstances no interference is required if the petitioner has not been treated as an O.B.C. candidate.
Writ petition lacks merits and is dismissed, accordingly.
Order Date :- 22.9.2020 Abhishek Singh
1 issue framed by the court
Whether the petitioner's application for appointment as O.B.C. candidate can be based on a caste certificate issued prior to the cut-off date prescribed in the recruitment terms.
Colour shows how this judgement treated each authority
Gaurav Sharma Vs. State of U.P. and othersFollowed¶6
(FB) 2017 (5) ADJ 494
Akash Kumar Yadav
State of U.P.
Another
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
