Rameshwar vs State Of U.P. And 4 Others
2022 Latest Caselaw 9389 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 23
 

 
Case :- WRIT - A No. - 11467 of 2022
 

 
Petitioner :- Rameshwar
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Durvesh Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. This is a hard case where petitioner has failed to submit his Other Backward Classes-Non Creamy Layer Certificate (in short OBC-NCL Certificate) in the prescribed proforma before cut off date as prescribed in the advertisement for the post of Sub-Inspector.

2. Sri Durvesh Kumar, learned counsel for petitioner, fairly submits that the Full Bench judgment of this Court in Gaurav Sharma vs. State of U.P. and others, 2017(5) ADJ 494, is against the petitioner which provides that an OBC candidate is not exempt from the rigours of a cut off or last date prescribed in an advertisement or recruitment notice. Learned counsel further submits that there is a judgment of Supreme Court in Ram Kumar Gijroya vs. Delhi Subordinate Services Selection Board and others, (2016) 4 SCC 754 wherein the certificate submitted after the cut off date was accepted.

3. In Ram Kumar Gijroya (supra) Supreme Court has granted benefit relying upon the judgment of Delhi High Court in Pushpa vs. Government of NCT of Delhi and others, (Writ Petition (C) No. 9112 of 2008, decided on 11.02.2009 as well as other judgments to hold that such relief could be granted to the candidates of Scheduled Caste, Scheduled Tribe and Other Backward Class category.

4. In the present case knowing that petitioner was required to submit the OBC-NCL Certificate in prescribed proforma in the format prescribed for services in State Government, has not submitted the same before the cut off date. It is true that the candidates from suppressed class are entitled for certain advantage but such advantage cannot be to be inprejudice to other candidates.

5. Full Bench of this Court in Gaurav Sharma (supra) has held as under:

"28. We accordingly answer Question No. 1 in the negative and hold that an OBC candidate is not exempt from the rigours of a cut off or last date prescribed in an advertisement or recruitment notice. We further declare that Arvind Kumar Yadav correctly articulates the law on the issue and overrule Pravesh Kumar and Shubham Gupta. Insofar as Question No. 3 is concerned, we hold that although there is no repugnancy in the norms fixed by the Union and State Government, the same would have no favourable impact upon the eligibility of a candidate unless he also furnishes a certificate evidencing him as belonging to the OBC category as recognised and identified by the State." (Emphasis added)

6. In view of above, the case of petitioner cannot be considered at this stage since it will amount to open a pandora box. The writ petition lacks merit and is accordingly dismissed.

Order Date :- 5.8.2022

AK