The central legal point established in the judgment is the significance of the cut-off date for submission of certificates by reserved OBC category candidates and the necessity of impleading successful candidates in a petition challenging the selection process.

JUDGMENT

Tarlok Singh Chauhan, J. - The instant petition has been filed for grant of following substantive reliefs:

(i) That impugned notifications dated 10.6.2020 (Annexure P-4) and 18.7.2020 (Annexure P-6) may be quashed and set aside.

(ii) That the respondent No.1 may be directed to declare the result of the petitioner in the screening test and if in merit, may be allowed to appear for next round of selection process.

2. The respondent-Commission issued an advertisement No. 20/2019, dated 9.11.2019 (Annexure P-2) for filling up the various posts including the post of Traffic Manager, Class-II, (on contract basis) in Himachal Road Transport Corporation under the Department of Transport.

3. The petitioner being fully eligible applied for the said post under the OBC category by filling up on-line application. The screening test was held on 15.3.2020 in which the petitioner appeared under Roll No. 14626858 (Application No. 1216489).

4. It is averred that 15 minutes before examination, the petitioner was asked to show his documents like marks sheets, identity proof, admit card and category certificate etc. and after the petitioner showed all these documents, he was permitted to participate in the screening test.

5. The petitioner thereafter was anxiously waiting for the result of the examination, but to his utter surprise, he came across notification dated 10.6.2020 issued by respondent-Commission containing list of rejected candidates along with reasons thereof and against Sr. No.5, name of the petitioner was shown and the reason that had been mentioned was "for want of valid OBC certificate in support of his category claim". The petitioner represented to the respondents, but to no avail. Hence this petition.

6. In order to appreciate controversy, it would be necessary to refer to the advertisement dated 9.11.2019, more particularly, the procedure that was provided for filling up online recruitment applications, which reads as under:-

"HOW TO APPLY:- Detailed instructions for filling up Online Recruitment Applications are available on the above mentioned website.

a) Desirous/ eligible candidates will have to apply online through official website of the Commission. Applications received through any other mode would not be accepted and will be rejected straightway.

b) The candidates, who wish to apply for more than one post, should apply separately for each post and will have to pay the requisite examination fees for each post in the prescribed manner.

c) After submitting the Online Recruitment Application(s) (ORA), the candidates are required to take a printout of the finally submitted Online Recruitment Application and submit the same along with requisite attested/ self attested documents / certificates in support of their eligibility to the Commission on the day of Screening Test for the concerned post and in other cases where direct Personality Test will be held, 10 days time will be given to submit the documents failing which his/her candidature shall stand finally rejected. Non submission of the certificates will make them ineligible to sit in the examination/ to appear in the Personality Test.

d) In case the candidate has applied against more than one item i.e. post published in the advertisement, the candidate is required to submit separate copies of requisite attested documents/ certificates along with the printout of the Online Recruitment Application of each post on the day of Screening Test for the respective posts."

7. In addition to the aforesaid, advertisement notice contains another provision titled as submissions of Certificates/Documents and the same reads as under:-

"SUBMISSION OF CERTIFICATES/ DOCUMENTS:-

THE CANDIDATES WILL HAVE TO UPLOAD ALL THE DOCUMENTS I.E. ESSENTIAL QUALIFICATION(S), AGE, EXPERIENCE AND CATEGORY IN SUPPORT OF THEIR ELIGIBILITY WHILE APPLYING FOR THE POST ON THE OTRS PORTAL AVAILABLE ON THE COMMISSION'S WEBSITE.

THE CANDIDATES WILL ALSO HAVE TO SUBMIT THE PRINTOUT/ HARD COPY OF ONLINE APP