Selected reserved category candidate qualifying written exam and producing valid category certificate at document verification cannot be denied appointment for expired certificate at application cut-off, as certificate affirms pre-existing status furthering reservation's equal opportunity objective.

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, being fully eligible, applied for the post of Community Health Officer under OBC category and successfully qualified the written examination conducted on 09.10.2022, as is evident from office order dated 17.01.2023 (Annexure P-5), wherein name of the petitioner figures at serial No.64. After her having qualified the written examination, petitioner herself appeared for document verification on 21.01.2023, but despite her being fully eligible for the post reserved for OBC category, she was not offered appointment on the ground that she failed to submit valid OBC Certificate at the time of her making application for appointment against the post of Community Health Officer in terms of advertisement dated 19.09.2022 (Annexure P-1). In the afore background, petitioner has approached this Court in the instant proceedings, praying therein for the following main reliefs:-

“a. A writ in the nature of mandamus may be issued and thereby directing the respondent to consider the certificate of the petitioner dated 17.01.2023 annexure P-7 and given appointment to the petition as Community Health Officer in Health and Family Welfare department of State of H.P. under OBC Category as the petitioner was successful candidate in the written examination.”

3. Pursuant to notices issued in the instant proceedings, respondents No.1 & 2 have filed reply under the signatures of Mission Director, National Health Mission, Himachal Pradesh, Shimla, perusal whereof clearly reveals that facts, as have been noticed hereinabove, have not been disputed, rather stand admitted. An attempt has been made to refute the claim of the petitioner on the ground that certificate adduced on record by the petitioner at the time of her making application was valid upto 29.06.2022 i.e. one year from the date of issue on 30.06.2021, as such, same could not have been taken into consideration, while considering the candidature of the petitioner against the post of Community Health Officer reserved for OBC category.

4. It has been averred in the reply that at the time of applying online for the post in response to the advertisement (Annexure P-1), petitioner was not in actual possession of a valid OBC Certificate, as such, could not claim any benefit of reservation under the said category. Though factum, if any, with regard to production of valid OBC Certificate at the time of documentation has not been denied by the respondents, but it has been claimed at their behest that relevant date for ascertaining the validity of OBC Certificate is/was the cut off date prescribed in advertisement i.e. 22.10.2022 by which time admittedly the OBC Certificate adduced on record by the petitioner along with application had lost its efficacy. In support of afore contentions, reliance has also been placed upon judgments passed