Court No. - 36
Case :- WRIT - A No. - 13392 of 2018 Petitioner :- Jamaluddeen Respondent :- State Of U.P. And Anothers Counsel for Petitioner :- Prem Narayan Rai Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
The petitioner seeks to challenge the final select list declared on 15.5.2018 with the assertion that initially the petitioner was selected in the merit list pursuant to the Direct recruitment examination, 2015 for the post of Constable Police and P.A.C. Constable. However, the said result was revised later and the petitioner was shown as not selected.
Submission is that the petitioner has qualified each stage of the selection and has cleared the Physical test. During the process of document verification, he produced original testimonials which were in conformity with the requirements under the advertisement. His name was, therefore, included in the select list declared by the respondents.
It was, therefore, not open for the respondent Board to cancel the petitioner's candidature.
On a pointed query made by this Court asking the counsel for the petitioner to establish as to how the petitioner claims to fulfil all eligibility criteria for selection, reference has been made to the Caste Certificate dated 18.2.2018 (page 24 of the paper book) of OBC Category.
It is admitted to the petitioner that the selection process was finalized in the year 2016 inasmuch as, the petitioner was called upon for document verification on 19.8.2016. In any case the certificate dated 18.2.2018 could not have been produced by the petitioner on the date of document verification to establish his eligibility, it is a subsequent document and, therefore, cannot be taken into consideration.
Another certificate dated 31.1.2016 has been placed before the Court at page '25' of the paper book to submit that the said document establishes that the petitioner is an OBC Category candidate residing in the State of U.P.
A careful perusal of the certificate page '25' of the paper book shows that the said certificate is valid for appointment to the post under the Government of India and it further indicates that the petitioner belongs to an OBC (Creamy Layer). As per the requirement under the advertisement, a candidate who belongs to OBC (Non Creamy Layer) having submitted caste certificate under the prescribed proforma can only claim benefit of OBC Category.
For the above facts, the petitioner is held not entitled to the benefit of the OBC Category and he was rightly not considered in the said category. This apart, he admittedly could not make it to the merit list of the general category.
Dismissed as such.
Order Date :- 31.5.2018
AK Pandey