Court No. - 58
Case :- WRIT - A No. - 15667 of 2018
Petitioner :- Birendra Kumar Pal
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Subhash Singh Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner's claim has not been considered in OBC category, as the OBC certificate issued on 01.02.2013 has been relied upon.
Perusal of the record would go to show that in terms of the advertisement issued, an OBC candidate had to annex OBC certificate issued between 01.04.2015 and 17.02.2016. It is also stated that unless certificate of this period is annexed in prescribed format, the same shall not be taken note of.
Although learned counsel for the petitioner places reliance upon a judgment of Apex Court in Ram Kumar Gijoroya Vs. Delhi Subordinate Service Selection Board and another 2016(4) SCC 754, but the petitioner would not be entitled to any benefit on the strength thereof; in as much as, Full Bench of this Court in Gaurav Sharma Vs. State of U.P. and Others reported in (FB) 2017 (5) ADJ 494 has been pleased to examine the judgment of the Apex Court and thereafter, hold that the case of Ram Kumar Giroroya (supra) is distinct on the facts and has no applicability in the facts of the present case. The terms of the advertisement are clearly binding. Since the petitioner has failed to produce OBC certificate of the specified period, as was mandatorily required in the advertisement, no exception can be taken.
The writ petition is dismissed, accordingly.
Order Date :- 27.7.2018 Amit Mishra