Court No. - 58
Case :- WRIT - A No. - 17927 of 2018 Petitioner :- Sweeti Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pankaj Kumar Gupta Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State authorities.
Petitioner is aggrieved by his non selection for appointment on the post of Constable in U.P. Police in OBC category, pursuant to recruitment exercise initiated in the year 2015.
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. Caste certificates relied upon by the petitioner are dated 23.11.2013 and 13.1.2017. In the online application form, petitioner has mentioned the date of OBC certificate as 25.11.2013.
Although learned counsel for the petitioner places reliance upon a judgment of the Apex Court in Ram Kumar Gijoroya Vs. Delhi Subordinate Service Selection Board and another reported 2016(4) SCC 754, but the petitioner would not be entitled to any benefit on the strength thereof inasmuch as the 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, if she is denied consideration in the category of OBC candidate and is considered in unreserved category.
The writ petition is, accordingly, dismissed.
Order Date :- 23.8.2018 Anil