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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Banita Choudhary – Appellant
Versus
State of Himachal Pradesh – Respondent
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
The judgment established the principle that a person's OBC status is by birth and not by acquisition at a later stage, and certificates are an affirmation of existing status. It emphasized the import....
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.
Adherence to specified deadlines and requirements outlined in the advertisement is crucial for the validity of caste certificates and the selection process.
Delayed submission of OBC certificate shall not disentitle a candidate from consideration for employment under the OBC category, emphasizing the purpose of the certificate and the objective of reserv....
The last date for submission of the OBC certificate as relevant for reckoning the OBC status of the candidate.
Competitive examination - Successful completion of any competitive examination, which are having candidates of different categories based upon many factors like physically handicapped, vertical or ho....
Reservations – Caste - As an institution of national importance, IISER TVM strives to have a workforce which reflects an all India character and hence candidates from all over country are encouraged ....
The terms and conditions of the advertisement cannot be altered, and the mandatory nature of the instructions issued by the Commission must be strictly adhered to.
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