Allahabad High Court
Dr. Ritu Kapoor vs The Union Of India And 2 Others on 27 July, 2022
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 37
Case :- WRIT - A No. - 10701 of 2022
Petitioner :- Dr. Ritu Kapoor
Respondent :- The Union Of India And 2 Others
Counsel for Petitioner :- Shivendu Ojha,Sneh Pandey,Sr. Advocate
Counsel for Respondent :- A.S.G.I., Kshitij Shailendra
Hon'ble Manish Mathur,J.
No one has appeared on behalf of respondent no.1.
Heard Sri Radha Kant Ojha, learned Senior Counsel assisted by Sri Shivendu Ojha for the petitioner and Sri Kshitij Shailendra, learned counsel for the respondents no.2 and 3.
Writ petition has been filed seeking a direction to the respondent-University to treat the petitioner in the Economically Weaker Section (EWS) category for considering selection on the post of Assistant Professor in the Department of Chemistry, University of Allahabad.
Learned counsel for the petitioner submits that an advertisement was issued on 28.09.2021 requiring applications for selection on the post of Assistant Professor in the subject of Chemistry. The advertisement discloses that three posts were reserved under the EWS category. It is further submitted that although the petitioner belongs to the EWS category but did not have certificate to substantiate the same and, therefore, she filed an application for grant of EWS certificate on 02.11.2021 and received the same on 20.11.2021 but in the meantime the last date of filing application for selection indicated in advertisement as 06.11.2021 passed by which date admittedly the petitioner did not have EWS certificate. It is submitted that due to said fact petitioner applied under the unreserved category. It is further submitted that considering the fact that EWS certificate was actually received by the petitioner subsequently, therefore, there is no fault on her account and therefore her candidature should be considered by authorities under the said category instead of general category.
Learned counsel appearing on behalf of respondents has refuted submission advanced by learned counsel for petitioner and submitted that petitioner herself applied under the unreserved category not under the EWS category. He further submitted that the advertisement itself clearly specifies under General Instructions ('xii') that candidates belonging to EWS category should submit proper certificate as per the proforma of Govt. of India. It is submitted that said certificate was required to be submitted in a soft copy, original being required at the time of interview, therefore, soft copy was mandatorily required to be attached to the application form and that having not been done, no benefit accrued to the petitioner.
He has also placed reliance upon the judgment of Full Bench of this Court in the case of Gaurav Sharma vs. State of U.P. and others 2017 (5) ADJ 494.
Upon consideration of submission advanced by learned counsel for the parties and perusal the material on record, it is evident from the General Instructions attached to the Advertisement that candidates belonging to EWS category should submit proper certificate as per the proforma of Govt. of India. Last date of submission of application form is indicated as 06.11.2021.
Upon consideration, it is apparent that subsequent grant of EWS certificate to the petitioner would be no consequence in the present case since the petitioner herself has applied under the unreserved category. It is also an admitted fact that as on the last date of submission of application form, petitioner did not possess EWS certificate issued in the proforma as per Government of India. The Full Bench judgement in the case of Gaurav Sharma (supra) also has answered the question whether the candidature of OBC candidate is liable to be rejected on the account of such certificate having been submitted after last date of submission of application. The Full Bench has answered reference to question no.1 in the negative to hold that an OBC candidate is not exempt from the rigours of a cut off date or last date prescribed in an advertisement or recruitment notice.
Although such question pertains to the candidate under the OBC category but proposition of law with regard to EWS category would be the same. Further more in view of the admitted fact that the petitioner herself has applied under the EWS category the issuance of subsequent certificate under the category itself is completely irrelevant.
As such, writ petition being devoid of merit is dismissed at the stage of admission.
Order Date :- 27.7.2022
Asha
