Timely submission of valid documents is crucial in establishing eligibility for OBC (NCL) category in recruitment processes.

JUDGMENT

Arun Bhansali, J. - This writ petition has been filed by the petitioner seeking direction to the respondents to consider the candidature of the petitioner in the category of OBC (NCL) and include his name in the provisional merit list for recruitment to the post of Compounder/Nurse Junior Grade.

2. It is inter alia indicated in the writ petition that pursuant to the advertisement dated 17/6/2021, the petitioner applied in the category of OBC (NCL) and he was called for document verification. Whereafter, the provisional merit list was published by the respondents, and when the name of the petitioner, despite having marks higher than the cut off, did not appear in the said list and objections were invited by the respondents, the petitioner filed his objection on 8/2/2022 inter alia ventilating his grievance regarding non-inclusion of his name in the list. However, as the respondents have failed to take any action on the same, the present writ petition has been filed.

3. Learned counsel for the petitioner with reference to the certificates dated 30/6/2015, 22/3/20219 and 30/9/2021 filed as Annex. 1 made submissions that from the said documents, it is apparent that the petitioner belongs to OBC (NCL) category and, therefore, the action of the respondents in not including the name of the petitioner in the provisional merit list despite having higher marks than the cut off is not justified.

4. The respondent No. 3 - University - the recruiting agency filed reply inter alia indicating that during the course of document verification, the petitioner only produced certificate dated 30/9/2021, which certificate could not be taken into consideration on account of condition No. 9.2 of the advertisement, which required the candidates to produce the certificates issued before the last date of application, which in the present case was 23/7/2021 and as such, the petitioner was not entitled for consideration of his candidature under OBC (NCL) category.

5. In response to the said reply, the petitioner has filed additional affidavit inter alia indicating that though the petitioner had got prepared an affidavit on 7/2/2022 in terms of the Circular of the State Government dated 9/9/2015, which provides that the certificate regarding OBC (NCL) would be valid for one year, however, with the aid of an affidavit indicating the status, the same would be valid for three years and, therefore, as per the certificate dated 22/3/2019 and the affidavit, the petitioner is eligible to claim benefit of OBC (NCL). It is submitted that though the affidavit could not be produced on 8/2/2022 along with the objection, however, after filing of reply in the petition, attempts were made to file the said affidavit with the University, but the same was not accepted.

6. Learned counsel for the petitioner made submissions that in view of the Government Circular dated 9/9/2015 and the affidavit produced with the additional affidavit, and the judgment of this Court in Kailash Kumar v. State of Rajasthan & Ors. S.B. Civil Writ Petition No. 2505/2022 decided on 23/2/2022, the petitioner is entitled for consideration of his candidature as OBC (NCL) candidate.

7. Reliance was placed on the judgment in Dolly Chhanda v. Chairman, JEE & Ors. (2005) 9 SCC 779.

8. Learned counsel appearing for the respondents made submissions that the entire plea sought to be raised is baseless inasmuch as neither the certificate dated 22/3/2019 was produced by the petitioner during the course of document verification and/or with the objection dated 8/2/2022, which aspect is evident from Annex. 10, wherein, the petitioner has produced certain documents.

9. Further submissions have been made that the plea regarding affidavit dated 7/2/2022 as per the requirement of Circular dated 9/9/2015 was got prepared by the petitioner also on its face is baseless, inasmuch the petitioner has not even indicated the existence of such affidavit in his objection dated 8/2/2022 and a look at the same clearly shows tha