DILIP B. BHOSALE, DILIP GUPTA, YASHWANT VARMA
GAURAV SHARMA – Appellant
Versus
STATE OF U. P. – Respondent
Hon’ble Yashwant Varma, J.—The present Full Bench came to be constituted for determination of the following three issues which stand formulated in the referral order dated 6 April 2017.
“A. Whether the candidature of an OBC candidate is liable to be rejected on the ground of the caste certificate having been submitted after the last date for submission of applications?
B. Whether the decision in Arvind Kumar Yadav lays down and represents the correct position in law ?
C. Whether there exists any irreconcilable difference or repugnancy between the norms fixed by the Union and State Governments with regard to certification of creamy layer? If not, its effect.”
2. The order of reference itself came to be made in an intra Court appeal challenging a judgment of a learned Single Judge dismissing a writ petition following the decision in Arvind Kumar Yadav v. U.P. Police Recruitment and Promotion Board, 2017(1) ADJ 538 (DB). Subsequent thereto, the learned Single Judge while considering a batch of writ petitions expressed doubt upon the correctness of the law as declared by
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