Court No. - 58
Case :- WRIT - A No. - 14172 of 2018 Petitioner :- Ranjeet Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Sagar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner has scored 403.27 marks, pursuant to application made for appointment to the post of Constable in U.P. Police. Petitioner claims to be an OBC candidate, who has been issued a certificate by the competent authority on 14.2.2016. Petitioner's grievance is that despite him having scored marks above the cut off, yet his claim has not been considered for appointment.
Learned Standing Counsel submits that petitioner has produced a certificate of subsequent date at the time of document verification.
It is highlighted on behalf of the petitioner that petitioner had produced OBC certificate dated 14.2.2016, which was clearly mentioned in his online application form also, and it is for some mistake on part of the respondents that they have taken the view that a different certificate has been produced.
Perusal of the record would go to show that petitioner has disclosed in his online application form about his status as being OBC, belonging to non-creamy layer, vide certificate issued on 14.2.2016. The category certificate serial number, which is mentioned in his online application form, matches with caste certificate of the petitioner filed alongwith this petition. Once the petitioner has a valid OBC certificate, which has been submitted in his online application form, this Court finds substance in the contention of the petitioner that he is entitled to be considered as OBC candidate for employment. Admittedly the result was based on online application form, in which petitioner's OBC certificate has clearly been mentioned. Action of respondents in denying the OBC status to petitioner is not liable to be sustained.
In view of the above, this writ petition stands disposed of with a direction upon the respondents to consider the petitioner's claim for appointment, treating him to be an OBC candidate belonging to non-creamy layer, on the basis of his caste certificate dated 14.2.2016, within a period of two months from the date of presentation of certified copy of this order.
Order Date :- 27.7.2018 Anil