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2021 Supreme(Guj) 568

A.Y.KOGJE
NARENDRA RIDHA RAM JUNAWA – Appellant
Versus
VADODARA MUNICIPAL CORPORATION – Respondent


Advocates Appeared:
For the Appellant : MR BHUVNESH GAHLOT
For the Respondent: MR NILESH A PANDYA

JUDGMENT :

[1] Rule. Learned advocate waives service of rule on behalf of respondent-Corporation.

[2] This petition under Article 226 of the Constitution of India is filed seeking direction to set aside the action on the part of the respondent-corporation in declaring the petitioner as unqualified/unsuccessful candidate in the direct selection process of staff Nurse.

[3] It is the case of the petitioner that though the petitioner had applied as candidate of reserved category and since has received marks in the qualifying examination at par and more than the candidates of general category, the petitioner may be treated as candidate of general category and the respondent-corporation may not insist upon the petitioner to produce caste certificate of the petitioner being reserved category.

[4] Learned advocate for the petitioner submitted that the petitioner belongs to poor background, but has qualification of B.Sc. Nursing from nursing college at Jodhpur, Rajasthan and he belongs to reserved category as Other Backwards Class (OBC) as he belongs to 28 JAt which is a category recognized as a OBC in the State of Rajasthan. The petitioner had produced the relevant caste certificate from the

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