IMPORTANT POINT
The court established that a candidate's entitlement to reservation under a specific category is determined by the effective date of relevant government resolutions and clarifications, and that procedural discrepancies should not negate a candidate's rightful claim based on subsequent changes in caste classification.

JUDGMENT :

ANUBHA RAWAT CHOUDHARY, J.

Heard the learned counsel for the parties.

2. This writ petition has been filed for the following reliefs:

“a. For the issuance of appropriate writ/writs, order/orders, direction/directions or a writ in nature of mandamus directing upon the respondents to consider the caste certificate submitted by him under BC-I category owing to the fact that by virtue of the resolution dated 23.07.2015 passed by the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, the category of the petitioner has been shifted from BC-II to BC-I category;

And/or

b. For issuance of direction upon the respondents to consider the candidature of the petitioner under BC-I category as by virtue of the resolution dated 23.07.2015 passed by the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, the category of the petitioner has been shifted from BC-II to BC-I category and accordingly he had been issued a valid caste certificate by the competent authority;

And/or

c. For directions upon the respondents to consider the case of the petitioner for appointment on post of constable under BC-I category as by virtue of the resolution 23.07.2015 passed by the Government of Jharkhand, the category of the petitioner has been shifted from BC-II to BC-I category and also the petitioner has scored more marks than the last selected candidate under each category.”

Arguments of the Petitioner.

3. That Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand sent requisition before the Jharkhand Staff Selection Commission (in short ‘JSSC’) for starting selection process for the appointment of Constables in District Police Force for different districts under different categories against 6279 vacancies and also for appointment of Constables in Jharkhand Armed Police against 850 vacancies. Accordingly, Prospectus/Advertisement No. 04/2015 (Annexure-1) was issued. The advertisement mentioned the vacancy in each district and altogether 544 posts were advertised for Dhanbad district.

4. The advertisement provided the details, inter alia, with regard to the procedure for making application, the relevant dates, the requisite eligibility criteria, required educational qualification etc. The petitioner being duly qualified and eligible for appointment, had applied for appointment on the post of constable in Dhanbad District Police Force.

5. Clause 8 of the advertisement contained the provision relating to reservation and so far as the caste certificate is concerned, the same was required to be issued by the competent authority in the prescribed format i.e. Appendix-II for Scheduled Caste/Scheduled Tribe and Appendix-III for Extremely Backward Class- I/ Backward Class - II and with respect to EBC-I and BC-II category, the caste certificate issued after 31.03.2015 in the prescribed format was said to be valid. The last date for submission of online application was 30.09.2015 and as per clause-8 of the advertisement, the incumbent was required to produce the certificates in support of their claim of reservation at a later date.

6. The petitioner belongs to caste namely “Teli” which at the time of filling up the online application form, was classified under BC -II category and thus, the petitioner applied under BC-II category and was in possession of the caste certificate issued under BC-II category. The petitioner successfully qualified the preliminary examination, mains examination and physical and medical test and was called for document verification scheduled to be held between 28.12.2016 to 30.12.2016. At the stage of document verification, the petitioner produced caste certificate under BC-I category dated 20.12.2016 in due format as prescribed in the light of amendment introduced vide resolution dated 23.07.2015. The caste certificate so furnished by the petitioner was duly accepted in view of the fact that vide resolution dated 23.07.2015, the caste of the p