The validity of a caste certificate should be determined based on the authority and validity at the time of issuance, and subsequent circulars should not invalidate previously issued valid certificates without specific provisions to do so.

JUDGMENT

This appeal is directed against an order dated 18.11.2011 in No 11783/2009, by which a writ petition preferred by the appellant, challenging cancellation of his candidature, for appointment on the post of Data Entry Operator, in the Commercial Tax Department, was dismissed.

2. The facts of the case are that the appellant was employed as a Computer Operator in the Government Foreign Liquor House, Sagar. While he was working in the said office for last three years, he had moved an application for appointment on the post of Data Entry Operator and I Operator in the very department, on the process initiated by the respondents No.1 and 2, in this regard. As per the advertisement Annexure P-1, appellant had submitted his application form. Appellant being eligible, had claimed the appointment on the post, in a reserved category of O.B.C.

3. In all 26 posts were reserved for O.B.C. category, out of which eight were reserved for women, one for handicapped person, three for Army Personnel and fourteen for General OBC candidates. Petitioner belongs to general OBC category.

4. Appellant had submitted a certificate dated 04.07.1996 issued by the Tahsildar, Sagar Annexure P-4. At the relevant time, the Tahsildar was vested with the powers of Executive Magistrate and was competent to issue caste certificate.

5. The appellant, who was successful in the written examination, called for interview and after the interview, when his result was not declared, the appellant had inquired into and found that his candidature itself was rejected after the interview. Thereafter the appellant had filed a writ petition before this Court bearing W.P. No. 11783/2009 seeking directions against the respondents to declare the result of the appellant of the aforesaid examination and also to disclose the reasons for his non-selection as I.T. Operator. The appellant had also prayed that a mandamus be issued against the respondents directing them to appoint him on the post of I.T. Operator. A return was filed before the Writ Court stating that the certificate Annexure P-4 was issued by the Tahsildar who was not competent to issue such certificate as per circular dated 16.07.2008 issued by the State Government, empowering the various authorities in this regard and the authority in the bottom is Sub Divisional Officer, competent to issue a permanent caste certificate though a provision was also made in the circular to issue a provisional certificate by the Tahsildar. It was submitted that the certificate Annexure P-4 itself was issued by the incompetent person and as per the circular dated 16.07.2008 it ought to have been issued by the Sub Divisional Officer, so the candidature of the appellant was rightly cancelled.

6. The learned Single Judge found substance in the contention of the State and dismissed the writ petition. Reliance was also placed on two judgments of this Court.

7. Against the dismissal of the writ petition, appellant is before this Court.

8. Smt. Shobha Menon, learned counsel appearing for the appellant has raised following contentions:-

(i) That the caste certificate which was issued on 04.07.1996 was issued much before the issuance of the directions by the State Government, on 16.07.2008, empowering various authorities to issue caste certificate, including to the persons belonging to OBC category. In the subsequent circular, there is no provision for cancellation of any certificate issued earlier to the aforesaid date or deemed cancellation of certificates issued by the Tahsildar or for issuing fresh certificates by the Authorities.

(ii) That when the caste certificate Annexure P-4 dated 04.07.1996 was issued, instructions of the State Government dated 08.03.1994 were in force providing that such certificate could have been issued by the Revenue Officer not below the rank of Tahsildar as find place in para 3(2) of the circular dated 08.03.1994. In the said circular, a format was also provided for issuance of caste certificate and in the same format,