Court No. - 36
Case :- WRIT - A No. - 13422 of 2018 Petitioner :- Satyendra Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pramod Kumar Yadav,Ashish Jaiswal Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties.
It is demonstrated by the learned counsel for the petitioner that the petitioner belongs to Scheduled Caste category who possess the caste certificate dated 10.10.2014 certifying that the petitioner belongs to "Dhobi" caste, a recognized "scheduled caste" in the State of U.P.
However, in view of the requirement of the advertisement in question to bring the Caste certificate issued between 1st April, 2015 to 29th February, 2016, the petitioner had applied for a fresh certificate which was issued to him on 30.1.2016. The petitioner had appended the said certificate alongwith the application form.
In the said certificate, though the petitioner was mentioned as belonging to 'Dhobi' caste but it was wrongly mentioned in OBC category.
Submission is that "Dhobi" caste in the State of U.P. is recognized and certified as "Scheduled Caste" and hence any mistake committed by the competent authority in issuing the wrong caste certificate would not prejudice the petitioner.
Even otherwise, the petitioner had duly applied for correction and a corrected certificate has finally been issued on 13.8.2016. All three certificates as noted above have been brought on record.
In view of the admitted fact that the 'Dhobi' caste in the State of U.P. is a "Scheduled Caste", this Court is of the considered opinion that the petitioner cannot be denied consideration under the said category.
The contention of the respondents that it is not possible for them to correct the description contained in the caste certificate appended with the application form cannot be accepted for the reason that the petitioner cannot be denied consideration in the Scheduled Caste category for the fault of the issuing authority.
For the above noted reasons, the respondent Board is directed to re-consider the claim of the petitioner in the Scheduled Caste category and to allow him to participate in the further process of selection after determining his merit afresh, provided he fulfils all other eligibility criteria.
For the purpose, the petitioner shall approach in the office of the respondent no. 2, Additional Secretary (Recruitment)/Chairman, Police Recruitment and Promotion Board, U.P., Lucknow. alongwith certified copy of this order within a period of two days from today.
The necessary corrections shall be made by the respondent Board before finalization of the process of selection.
Subject to the above observations and directions, the writ petition is disposed of.
Order Date :- 31.5.2018 Brijesh