Court No. - 58
Case :- WRIT - A No. - 15293 of 2018 Petitioner :- Manish Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vijay Gautam,Krishna Ji Shukla Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
The controversy raised in this petition stands adjudicated by this Court vide order dated 13.7.2018, passed in Writ Petition No.14714 of 2018 (Nishant Kumar Vs. State of U.P. and others). Operative portion of the order reads as under:-
"In such circumstances, merely for the reason that Scheduled Caste certificate is not on the format, the authorities would not be justified in denying petitioner's consideration for appointment in Scheduled Caste category. Even otherwise, disclosure, which is contained in the format, is clearly recorded in the caste certificate issued to the petitioner and relied upon by him. Such certificate has, otherwise, been issued by the authorities of the State. In such circumstances, the respondents would not be justified in treating the petitioner to be an unreserved category candidate. This petition, therefore, stands disposed of with the direction upon the authorities concerned to treat the petitioner as a Scheduled Caste category candidate and to pass further orders in respect of his candidature.
It goes without saying that correctness of the certificate would, otherwise, be open to be examined before issuing a formal order of appointment to the petitioner.
Required consideration would be made within a period of three months from the date of presentation of certified copy of this order. Writ petition is disposed of, accordingly."
For the reasons recorded therein, this writ petition is also disposed of on the same terms.
Order Date :- 30.7.2018 Amit Mishra