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MANMOHAN, ASHA MENON
Sumit Yadav – Appellant
Versus
Union Of India & Anr – Respondent
JUDGMENT
Manmohan, J. - The petition has been heard by way of video conferencing.
2. Present writ petition has been filed challenging the Clause 3(iv) of the letter dated 17th August, 2017 issued by respondent no.2 and to direct the respondents to allow the petitioner to be considered under OBC category and grant all consequential benefits.
3. Learned counsel for the petitioner states that the petitioner had qualified the mains SSC Examination, 2015 and submitted two OBC certificates dated 24th December, 2010 and 02nd December, 2015 for consideration in OBC category.
4. He further states that respondent no.2 refused to accept the two certificates on erroneous technical grounds. According to him, such rejection was illegal. He also states that a similarly placed candidates had been granted relief by the Kerala High Court in W.P.(C) No.39210/2015 vide JUDGMENT dated 20th January, 2016. He points out that a Special Leave Petition filed by the State was dismissed by the Supreme Court vide order dated 23rd January, 2017.
5. Having heard learned counsel for the petitioner, this Court is of the v
Delay defeats equity and law favors the vigilant. The potential adverse impact on established systems and seniority can be a valid ground for dismissing a petition.
Delay in filing a writ petition can bar relief, particularly when it affects equity and the rights of others.
Candidature cannot be cancelled due to late submission of OBC Certificate.
Delayed submission of OBC certificate shall not disentitle a candidate from consideration for employment under the OBC category, emphasizing the purpose of the certificate and the objective of reserv....
Petitioners did not have a vested right of appointment and did not qualify for the post.
Administrative authorities are bound by existing notifications granting relaxations for the production of mandatory recruitment documents. Denying such policy-based benefits to a candidate, thereby c....
Candidates belonging to reserved categories should not be disqualified for late submission of eligibility certificates when such certificates are valid on the date of skill tests.
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