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2025 Supreme(Online)(Ker) 26325

IN THE HIGH COURT OF KERALA AT ERNAKULAM
D. K. SINGH, J
AMAL JOHN VARGHESE – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 21451 OF 2023



Advocates:
For the Appellants/Petitioners: SMT. MOLTY MAJEED
For the Respondents: SHRI. P. C. SASIDHARAN SC, SHRI. PREMCHAND R. NAIR SR. GP

Petitioners must provide timely and substantiated claims for reservation categories; late or unsupported requests are not permissible.

Headnote:(A) Law on reservations - The petitioner claims OBC status after applying as General Category for a Government position. The court found the late claim unsubstantiated. Judgement reflects that applications for reservation must be timely and supported by requisite documentation. (Paragraphs 1-3)

(B) Claim Application - The court emphasized the necessity of substantiating claims for communal reservation with documentation submitted within application deadlines. (Paragraph 3)

Facts of the case:
The petitioner applied for a position under EWS but later sought to be recognized as OBC without submitting relevant documents on time.

Findings of Court:
Reservations require timely applications and corresponding supporting documentation at verification stages.

Issues: Can a candidate change their reservation category post-application without necessary proof? The court ruled against such an application.

Ratio Decidendi: The petitioner cannot switch from EWS to OBC claim after the deadline for submissions has passed, demonstrating the binding nature of application protocols.

Result: Writ petition dismissed.

Table of Content
1. petitioner applied for a position initially claiming ews reservation. (Para 1)
2. respondents pointed out lack of documentation for reservation claims. (Para 2)

JUDGMENT

1. The petitioner having requisite qualifications applied for the post of Professional Assistant Grade II (Library) in the selection process for which the advertisement was issued by the Kearla Public Service Commission (KPSC). The petitioner applied as General Category candidate claiming reservation in 10% posts reserved for Economically Weaker Sections (EWS) of the society. Now, the petitioner has come up before this Court in the present writ petition for a writ of mandamus commanding the respondents to treat the petitioner as an Other Backward Classes (OBC) candidate and extend the benefit of reservation of that category to him.

2. In paragraph No. 5 of the counter affidavit filed on behalf of the KPSC, it has been stated as under;

5. It is submitted that notification for selection to the post of Professional Assistant Grade II (Library) was published in the gazette dated 16.06.2021 vide category No.207/2021 with last date fixed for receipt of application as 21.07.2021. The petitioner applied for this post (101398) as General Candidate on 20/07/2021 and later he added EWS claim in profile on 21-01-2023. He has not submitted any document in support of reservation claim either for OBC or EWS during the time of Verification or at the time of Interview. He has been included in the Main list in the R/L with rank 153 without granting the reservation benefit. Since the petitioner has not claimed any Communal reservation within the last date of receipt of application, and has not produced proof to substantiate the claim in Verification Process, he was not granted reservation benefit.

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