The central legal point established in the judgment is that the requirement of the advertisement did not stipulate that the Caste Certificate and the Domicile Certificate had to be from the same region, and thus, the petitioner's candidature should have been considered as valid for the O.B.C category.

JUDGMENT :

1. RULE. Mr.P.Y.Divyeshvar, learned Standing Counsel waives service of rule for the respondent nos.1 and 3. Mr.Dhawan Jayswal, learned AGP waives service of rule for the respondent no.4-State.

2. This petition under Article 226 of the Constitution of India is filed to quash and set aside the communication dated 23.12.2016 (Annexure-A).

3. By the aforesaid communication, the candidature of the petitioner to the post of CT (GD) in the CAPFs, NIA, SSF and Rifleman in Assam Rifles-2015 came to be cancelled. The reason assigned for cancelling the candidature was non-deposit of O.B.C Certificate during the documentation or detailed medical examination.

4. Learned advocate for the petitioner states that the petitioner had applied in response to the advertisement and at the time of filling up of form had also supplied all the necessary documents including the caste Certificate issued for the purpose by the State of Uttar-Pradesh. It is submitted that in the State of Uttar-Pradesh, the petitioner, who belonged to Kumbhar Community was recognized as a caste under O.B.C.

4.1 It is submitted that the petitioner was declared fit in all respects, but on account of an objection with regard to Caste Certificate, the candidature of the petitioner was questioned and was given time to produce the Caste Certificate from the State of Gujarat from which the petitioner was having the Domicile Certificate.

4.2 Learned advocate for the petitioner submitted that, as the caste of "Kumbhar" is recognized O.B.C Caste both in State of Uttar-Pradesh and in State of Gujarat, therefore, the candidature ought not to have been rejected and the very first time when the objection was raised not accepting the O.B.C Certificate from State of Uttar-Pradesh was erroneous.

4.3 Learned advocate for the petitioner submitted that this Court, by an interim-order, had reserved one seat under the order dated 16.02.2017, and thereafter, on 24.03.2017 this Court has proceeded to observe on facts that except for failure to produce O.B.C Certificate from the State of Gujarat no other circumstance exist against the petitioner for treating him to be disqualified. Learned advocate has much emphasized on the reasons recorded in the order dated 24.03.2017 by the Division Bench of this Court.

4.4 Learned advocate, thereafter, submitted that the fact that the petitioner belongs to O.B.C Caste cannot be ruled out and now, especially, the State of Gujarat has also issued the Caste Certificate in the format prescribed in the advertisement. He has placed on record such certificate issued by the Government of Gujarat recognizing the caste of the applicant as “Kumbhar” and as an O.B.C. Such copy is also served upon the respondent-authorities.

5. Mr.P.Y.Divyeshvar, learned Standing Counsel for Union of India opposes the petition by stating that the advertisement had clearly prescribed for a format and the petitioner has failed to submit the form of O.B.C Certificate in format.

5.1 Learned advocate has taken this Court through the documents particularly, the certificates, which are produced. It is submitted that initially, at the time of filing of the application, the petitioner had produced the Caste Certificate of State of Uttar-Pradesh, which though was in the format, as prescribed, but did not match with the Domicile Certificate. Thereafter, at the time of verification of the documents, when further opportunity was provided, the petitioner had produced another certificate again from the State of Uttar-Pradesh in a different format, which is at Annexure-G. In view of aforesaid, the petitioner’s candidature could not be considered.

5.2 It is submitted that though the petitioner treated to be fit, he had claimed age relaxation, he had crossed the upper age limit by 2(two) months. However, by getting the relaxation on the ground of being O.B.C Candidate, he had availed the benefit of relaxation of 3(three) more years, and as the petitioner had failed to produce Caste Certificate in proper for