Candidature cannot be cancelled due to late submission of OBC Certificate.

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 could not compete with the candidates of General category, accordingly, candidature of the petitioner was rejected under OBC category as well as General Category. The petitioner preferred CWP No.135 of 2015 before this Court seeking directions to respondent to consider him under OBC category. The said petition came to be disposed of vide order dated 13.01.2015 with a direction to respondent to pass speaking order. The respondent vide impugned order dated 03.07.2015 (Annexure P-8) has rejected claim of the petitioner on the ground that petitioner was bound to submit OBC Certificate in the prescribed format which he failed and he has further filed undertaking dated 09.11.2011 at the time of document verification to the effect that he may be considered in General category, thus, claim of the petitioner is not sustainable.

3. Learned counsel for the petitioner submits that candidature of the petitioner has been rejected on the sole ground that OBC Certificate was not submitted in the prescribed format alongwith the application. The case of the petitioner is squarely covered by judgments of Hon'ble Supreme Court in Ram Kumar Gijroya Versus Delhi Subordinate Services Selection Board and Another; 2016 (4) SCC 754 and Karan Singh Yadav Versus Govt. of NCT of Delhi and Others (SLP (C) No. 14948 of 2016).

4. Per contra, learned counsel for the respondents submits that petitioner was duty bound to furnish OBC Certificate in the prescribed format before the last date meant for filing application and he has further furnished undertaking at the time of scrutiny of documents, thus, claim of the petitioner has been rightly rejected.

5. I have heard the arguments of both sides and with the able assistance of learned counsels perused the record.

6. A three Judge Bench of Supreme Court in Karan Singh Yadav (supra) has adverted with similar question. In the said case, the appellant submitted OBC Certificate after cut off date and his candidature was rejected. The Supreme Court relying upon its earlier judgment in Ram Kumar Gijroya (supra) disposed of the petition.

7. In Ram Kumar Gijroya (supra), a two Judge Bench of Supreme Court while dealing with question of submission of OBC Certificate at a later stage has held that candidature cannot be cancelled due to late submission of OBC Certificate. The relevant extracts of the judgment read as :

'2. The important question of law to be decided in these appeals is whether a candidate who appears in an examination under the OBC category and submits the certificate after the last date mentioned in the advertisement is eligible for selection to the post under the OBC category or not?

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13. After hearing both the parties at length and perusing the impugned judgment and order passed by the Division Bench of the High Court, we are o