A. Y. KOGJE
Dheerendrakumar Santram Prajapati – Appellant
Versus
Union Of India – Respondent
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
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 regi....
A caste certificate's format does not negate its validity if it proves eligibility for OBC status, emphasizing the need for a pragmatic approach in interpreting reservation laws.
The main legal point established in the judgment is that OBC candidates with a certificate issued from outside Delhi will be considered for the unreserved category only, if eligible otherwise.
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....
The court established that for claiming reservation benefits under the Jharkhand Reservation Rules, a caste certificate must be in the prescribed format that specifies the candidate's category and no....
Candidature cannot be cancelled due to late submission of OBC Certificate.
Post-cut-off OBC certificate affirming pre-existing status, obtained per board directions, validates candidature despite cut-off rule.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.