IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
NIVED N BABU – Appellant
Versus
UNION OF INDIA – Respondent
WP(C) NO.38887 OF 2025
| Table of Content |
|---|
| 1. challenge to eligibility based on obc certificate requirements. (Para 1 , 2 , 4) |
| 2. respondents' submissions and legal representation. (Para 6) |
| 3. final decision to dismiss the writ petition. (Para 8) |
| 4. court's reasoning and reference to case law. (Para 9) |
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
The petitioner is aggrieved by Exts.P7, P14 and P16 to the extent it is challenged in the matter of selection for appointment to the post of Junior Executive (Human Resources) under the Ministry of External Affairs, Union of India.
2. The 3rd respondent-General Manager of Airport Authority of India invited applications for recruitment of Junior Executives in various disciplines in the Airport Authority of India, as per Ext.P2 advertisement. The petitioner satisfied all eligibility conditions for appointment to the post of Junior Executive (Human Resources). The petitioner belongs to OBC (NCL). Ext.P2 required candidates to produce a valid OBC (NCL) Certificate issued during the financial year 2024-2025 in the prescribed format. The petitioner submitted application. The written test was held on 06.05.2025. The petitioner was shortlisted for application verification on 12.08.2025. The petitioner produced Ext.P5 NCL Certificate issued by the Tahsildar on 16.06.2025 in the prescribed format. The petitioner also produced NCL Certificate dated 28.11.2023 issued by the Tahsildar. 3. The 3rd respondent informed the petitioner to produce an OBC (NCL) Certificate issued during the financial year 2024-2025 in the format prescribed by the Central Government. The petitioner approached the Tahsildar and obtained Ext.P7 Certificate dated 13.08.2025. However, to the dismay of the petitioner, he received Ext.P11 e-mail stating that he failed to submit OBC (NCL) status for the financial year 2024-2025. The petitioner thereupon submitted Exts.P12 and P13 e-mails stating that he had submitted the Certificates on time. However, when the 3rd respondent published the final result in which 66 candidates have been provisionally enlisted. The petitioner is not included. The cut off mark fixed for OBC (NCL) is 97. The petitioner had obtained 98 marks. However, the candidature of the petitioner stands rejected.
4. The petitioner states that the objection raised to the effect that the petitioner did not submit OBC (NCL) Certificate in the prescribed format issued during the financial year 2024-2025 is incorrect. Clause 7(iv) of Ext.P2 provided that the candidates who failed to produce OBC (NCL) Certificate at the time of application verification will not be considered under respective category. The petitioner would urge that he had produced NCL Certificates issued on 28.11.2023 and 16.06.2025. The petitioner had again produced yet another OBC (NCL) Certificate issued during the financial year 2024-2025. The petitioner had scored marks above the cut off marks. Therefore, the 3rd respondent shall select the petitioner for appointment to the post, urged the petitioner.
5. Respondents 2 and 3 filed counter affidavit.
Respondents 2 and 3 submitted that when the petitioner came for application verification on 12.08.2025, he submitted OBC (NCL) Certificate issued in the financial year 2025-2026 (Ext.P5). The petitioner was permitted to attend the application verification only on the basis of an undertaking to submit the valid Caste Certificate for OBC (NCL) issued during financial year 2024-2025 within seven days. The petitioner failed to do so. The writ petition is therefore without any merit and it is liable to be dismissed.
6. I have heard the learned counsel for the petitioner, the learned Central Government Counsel representing the 1st respondent and the learned Standing Counsel appearing for respondents 2 and 3.
7. Ext.P2 is the recruitment notification.
Clauses 7(iv) and 7(v) of Ext.P2 read as follows:
(iv) OBC (NCL) Certificate:- Candidates applying against vacancies reserved for OBC category should note that at the time of Application Verification, they hav
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