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2024 Supreme(P&H) 104

JAGMOHAN BANSAL
Rakesh Kumar – Appellant
Versus
Staff Selection Commissioner – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ganesh Kumar Sharma.
For the Respondent: Ms. Puneeta Sethi, Senior Panel Counsel.

JUDGMENT :

Jagmohan Bansal, J.

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 03.07.2015 (Annexure P-8) whereby claim of the petitioner to consider him in OBC category has been rejected.

2. The petitioner belongs to OBC category and pursuant to an advertisement dated 05.02.2011 applied for post of Constable (GD) in Indo Tibetan Border Police (for short 'ITBP'). A written examination was conducted on 01.05.2011. The petitioner participated in said written examination and cleared the same. The petitioner alongwith application form filed OBC Certificate, however, it was not in the format prescribed by respondent. The petitioner secured OBC Certificate dated 01.08.2011 in prescribed format, however, at the time of scrutiny of documents, the Certificate dated 01.08.2011 was not considered whereas Certificate filed at the time of application was taken care of. As OBC Certificate filed by petitioner was not in the prescribed format, the petitioner was not considered under OBC category, thus, petitioner submitted an undertaking to the effect that he may be considered under General category. The petitioner cou

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