JUDGMENT :

By the Court.-

Order on C.M. Application No. 01 of 2022(Application for Condonation of Delay)

Heard the learned Additional Chief Standing Counsel for the appellant-State authorities and Sri Deepak Singh, learned counsel representing the respondent-petitioner.

2. Having regard to the averments made in the application seeking condonation of delay, we are satisfied that the delay has sufficiently been explained.

3. Accordingly the application is allowed and the delay in filing the special appeal is hereby condoned.

Order on Special Appeal

The State authorities are in appeal under Chapter VIII Rule 5 of the Rules of the Court questioning the judgment and order dated 09th September, 2022 passed by the learned Single Judge whereby Writ-A No. 4689 of 2022 filed by the respondent - petitioner was allowed and the appellants were directed to accept the OBC certificate submitted by her and further to proceed with the process of selection of the respondent-petitioner on the post in question, namely, the post of Sub Inspector (Civil Police).

2. The writ petition by the respondent-petitioner was filed with the prayer to direct the State authorities, specifically the Uttar Pradesh Police Recruitment and Promotion Board (hereinafter referred to as ''the recruitment and promotion board'') to declare her result treating her a candidate belonging to Other Backward Class category.

3. The recruitment and promotion board issued an advertisement in the month of February, 2021 for direct recruitment to the post of Sub Inspector (Civil Police), Platoon Commander (PAC) and Second Fire Officer. The number of vacancies advertised through the said advertisement are 9534. The respondent-petitioner is presently working as Constable in Civil Police and was recruited on the said post under the reserved category of Other Backward Classes. Pursuant to the advertisement in question, she submitted her application and alongwith the application she also furnished a certificate issued by the Tehsildar Unnao, on 15.4.2021, which is available at page-97 of the Special Appeal. By furnishing the said certificate, the respondent-petitioner claimed that her candidature for recruitment to the post in question be considered as a reserved category candidate belonging to Other Backward Class.

4. The respondent-petitioner participated in the written examination and also in the Physical Efficiency Test. The final marks obtained by the respondent-petitioner on the basis of written examination/physical efficiency test are 287.03, whereas the last candidate belonging to OBC category selected had secured 285.03 marks. The last candidate in the open category i.e. Unreserved category selected, has secured 296.5 marks. These cut off marks in different categories are in respect of the female candidates.

5. At the time of verification of documents, it was discovered that the certificate submitted by the respondent-petitioner for seeking benefit of reservation in appointment in question was not in the format as per the advertisement pursuant to which selections were made.

6. Accordingly, the respondent - petitioner has been denied recruitment/appointment on the post of Sub-Inspector or any other equivalent post by treating her to be an open category candidate and also for the reason that since the last open category candidate selected had secured 296.5 marks whereas the marks obtained by the respondent-petitioner were 287.03 hence she could not get selected in the open category on the basis of her merit. It is not denied by the appellant-State authorities that the only reason for not treating the respondent-petitioner's candidature as a reserved category candidate belonging to Other Backward Class is that she did not submit the caste certificate as per the format (Praroop-1) appended with the advertisement.

7. Learned counsel for the appellant-State Authorities has vehemently argued that as per the Notes appended to Clause 5.4 of the advertisement, the benefit of reservation to those candi