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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Banita Choudhary – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. obc candidate qualified despite invalid application certificate. (Para 1 , 2) |
| 2. valid obc certificate mandatory by advertisement cut-off. (Para 3 , 4) |
| 3. considered under obc if certificate valid at verification. (Para 5 , 6) |
| 4. obc certificate submittable before provisional selection list. (Para 7 , 8) |
| 5. balance petitioner rights without ousting last candidate. (Para 9 , 10) |
| 6. protect innocent appointees from authority errors. (Para 11 , 12) |
| 7. appoint petitioner supernumerary, protect existing seniority. (Para 13 , 14) |
JUDGMENT :
SANDEEP SHARMA, J.
1. Precisely, the question, which needs to be determined in the case at hand, is that “whether a selected candidate belonging to OBC Category can be rendered ineligible on the ground of non-submission of OBC Certificate within cut-off date mentioned in the advertisement?”
2. Quintessential, the facts, as emerge from the pleadings, adduced on record by the respective parties are that vide Advertisement No.9/2022 dated 19.09.2022 (Annexure P-1), Atal Medical & Research University, Himachal Pradesh, advertised 723 posts of Community Health Officer, out of which 110 posts were reserved for OBC category. Petitioner herein, bein
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