CWP No.11949 of 2011

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IN THE PUNJAB AND HARYANA HIGH COURT

AT CHANDIGARH

CWP No.11949 of 2011

Date of Decision: 05.07.2013

Inder Pal Yadav

……… Petitioner

Versus

Union of India and others

………… Respondents

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CORAM : HON’BLE MR. JUSTICE RAJIV NARAIN RAINA

Present:

Mr. Harish Sharma, Advocate

for the petitioner

Mr. D.S.Bishnoi, Advocate

for respondents No.1 & 3.

Mr. Karminder Singh, Advocate

for respondent No.2

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1.

To be referred to the reporters or not?

2.

Whether the judgment should be reported in the digest.

RAJIV NARAIN RAINA, J.

In the recruitment process initiated for filling up the post of

Constable (GD) in Indo Tibetan Border Police for the State of Haryana, the

cut off date for receipt of applications was 4.3.2011 which date was to be

treated as the date for reckoning Other Backward Class and creamy layer

status of the candidate in this category. It is so laid down in Clause 4(c) of

the Notice of Examination. It was required that OBC certificates must be

issued within 3 years next prior to the closing date i.e. 4.3.2011.

However, the OBC certificate relied upon by the petitioner for

CWP No.11949 of 2011

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consideration of his candidature under the advertisement was issued on

27.11.2007 which was out of the time frame. For this reason, the petitioner

was not called for detailed medical examination. The question is whether a

certificate issued, subsequently, on 29.6.2011 (Annexure P-4) declaring the

status of the petitioner that he does not belong to the creamy layer of Other

Backward Class can be considered or not. The fact of the matter is that on or

before the cut off date, the petitioner had in possession an expired

certificate. Creamy layer is an effervescent portion of OBCc. It is something

like milk spilling out of a boiling vessel, ever changing.

Heard learned counsel for the parties.

The cut off dates fixed in the advertisement are sacrosanct. Any

departure would involve infraction of other people's rights for consideration

for appointment to public service. Article 14 and 16 of the Constitution of

India postulates equality. If a relaxation were to be given to the petitioner, it

would open up a Pandora's box and would inevitably become judicially

unmanageable in further litigation likely to arise. A backward class

certificate issued may enure for life but an OBC certificate for which there

is reservation, there is a variable factor propounded by the Court because

the creamy layer may change from time to time and, therefore, the

declarations of this nature are different from the one considered by the

learned Single Judge of this Court in CWP No.13800 of 2008 titled Komal

v. State of Punjab & another decided on 23.4.1999 relied upon by the

learned counsel for the petitioner. In Komal's case, this Court did not

consider the concept of creamy layer among the OBCs. Therefore, that

judgment is of no help to the petitioner.

After hearing the learned counsel for the parties, I find no merit

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in this petition which is dismissed.

July 05, 2013

(RAJIV NARAIN RAINA)

Paritosh Kumar

JUDGE