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2022 Supreme(Guj) 1853

A. Y. KOGJE
Dheerendrakumar Santram Prajapati – Appellant
Versus
Union Of India – Respondent


Advocate Appeared:
For the Appellant :MR MAHARSHI PATEL, HL PATEL ADVOCATES
For the Respondent: MR DHAWAN JAYSWAL, MR DEVANG VYAS, MR PY DIVYESHVAR

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

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