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IN THE HIGH COURT OF JHARKHAND AT RANCHI
TARLOK SINGH CHAUHAN, ANANDA SEN, RAJESH SHANKAR
Nutan Indwar @ Nutan Indwar, D/o Sukru Kharia – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
Ananda Sen, J.
1. This Full Bench has been constituted to answer the reference made by a Division Bench in L.P.A. No.64 of 2020 and other batch of cases vide order dated 2nd March, 2023.
THE REFERENCE
2. The issue and the questions, which need to be answered, as framed by the learned Division Bench are as follows: -
A. Whether “Ram Kumar Gijroya” must be applied in every case irrespective of the facts of the case, provided the caste certificate is produced at the time of verification of the documents?
B. Whether Clause 9(gha) in the Advertisement No. 2 of 2016 and a similar stipulation in the other advertisements run contrary to the Constitutional mandate under Article 14, 16 and 335 of the Constitution of India?
C. Whether providing a condition in the advertisement that the caste certificate in the proper format should be in possession of the candidate on the last date for making the application failing which his/her candidature shall be considered under unreserved category is an exercise of excessive delegation of power and/or beyond the powers conferred upon the Commission?
THE BACKGROUND
3. For the purpose of answering the reference as referred to by the Division Bench, it is no
The requirement for valid caste certificates by the cut-off date is constitutional, ensuring fairness in the application process for reservations, and non-compliance results in treatment under unrese....
Adherence to specified deadlines and requirements outlined in the advertisement is crucial for the validity of caste certificates and the selection process.
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.
A late-produced caste certificate cannot be accepted for eligibility if rules specify a cut-off date for submission, highlighting strict compliance with recruitment criteria.
The court established that for claiming reservation benefits under the Jharkhand Reservation Rules, a caste certificate must be in the prescribed format that specifies the candidate's category and no....
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....
Eligibility for reserved category appointments is contingent upon timely submission of required certificates; late submissions disqualify candidates under prescribed rules.
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.
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