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MAHESH CHANDRA TRIPATHI, SAURABH SRIVASTAVA
Kumari Deepti – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Saurabha Srivastava, J.
Order on Civil Misc. Delay Condonation Application No. 1 of 2023.
The delay in filing the appeal has been explained in the affidavit.
Cause shown is found sufficient.
Delay is condoned.
Application is allowed.
Order on Appeal.
1. Heard Shri Y.K. Saxena, learned counsel for the appellant, Shri Mohan Srivastava, learned Standing Counsel for the State respondents.
2. The Special Appeal is questioning the validity of the impugned judgment and order dated 04.01.2023 passed by the learned Single Judge in Civil Misc. Writ Petition No. 17259 of 2022 (Kumari Deepti versus State of U.P. and others) and further prayed that the respondent be directed to accept the claim of the petitioner for appointment in the O.B.C. category in accordance with law during the pendency of this Special Appeal.
3. Learned counsel for the appellant in support of his submission states that while passing the order learned Single Judge has erred and has not considered the Full Bench Judgment of this Court rendered in a bunch of matters, leading being Special Appeal No. 156 of 2017-Gaurav Sharma versus State of U.P. Thru Secy. and 3 Others, 2017 AIR (Allahabad) 116.
4. He submits that in the si
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.
The judgment established the principle that a person's OBC status is by birth and not by acquisition at a later stage, and certificates are an affirmation of existing status. It emphasized the import....
Selected reserved category candidate qualifying written exam and producing valid category certificate at document verification cannot be denied appointment for expired certificate at application cut-....
Hyper-technical rejection of OBC non-creamy layer certificate invalid where substantive certification clear and error by issuing authority; candidate not to suffer, entitled to reservation benefits o....
A valid OBC certificate must be possessed at the time of application submission to qualify for reservation benefits, not merely at the time of document verification.
Adherence to specified deadlines and requirements outlined in the advertisement is crucial for the validity of caste certificates and the selection process.
OBC status exists by birth; post-cut-off caste certificate merely affirms pre-existing fact and cannot disqualify eligible candidate for reservation benefits, particularly lifelong residents.
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