State Of U.P. And Anr. vs Om Prakash Verma
2022 Latest Caselaw 3399 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

Court No. - 2
 
Case :- SPECIAL APPEAL DEFECTIVE No. - 203 of 2021
 
Appellant :- State Of U.P. And Anr.
 
Respondent :- Om Prakash Verma
 
Counsel for Appellant :- C.S.C.
 
Counsel for Respondent :- S.P. Singh Somvanshi
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Subhash Vidyarthi,J.

Order on C.M. Application No.NIL of 2021:

1. Heard learned State Counsel representing the appellants-State authorities and Mr. S.P. Singh Somvanshi, learned counsel representing the respondent.

2. Having regard to the averments made in the application seeking condonation of delay in preferring the special appeal and the affidavit filed in support thereof and having heard the learned counsel for the parties, we are satisfied that the delay in preferring the special appeal has sufficiently been explained.

3. Accordingly, application for condonation of delay is allowed and the delay, if any, in preferring the special appeal is hereby condoned.

Order on memo of Special Appeal:

4. This intra court appeal has been filed challenging the judgment and order dated 18.01.2021 passed by learned Single Judge whereby Writ Petition No.11068 (SS) of 2020 filed by the respondent has been allowed and a direction has been issued to the State authorities to consider his candidature for appointment to the post of Constable Civil Police/Constable P.A.C. on the basis of the marks obtained by him, treating him to be a candidate belonging to the reserved category of scheduled tribe and further to declare the result of the selection which he was subjected to.

5. The matter was heard on 29.04.2022 in detail and the Court had passed the following order:

"1. Heard learned State Counsel representing the appellants and Sri S.P. Singh Somvanshi, learned counsel for the respondent.

2. The controversy engaging attention of this Court in this case is as to whether at the time of verification of documents which was conducted on 26.12.2019, the respondent had furnished the caste certificate issued to him in the year 2012 depicting him to belong to the reserve category of Schedule Tribe or not? Through out, the case of the State- appellants has been that the respondent did not produce the said document as a result of which he has been treated to be a candidate for selection against open category posts and not against the posts reserved for Scheduled Tribe.

3. In the writ petition filed before learned Single Judge, a counter affidavit was filed on behalf of the opposite party no.3 therein which is sworned by Deputy Superintendent of Police, U.P. Police Recruitment and Promotion Board, Lucknow. Along with said counter affidavit a true copy of the scrutinized documents  of the petitioner has been enclosed as Annexure CA-1 which is available at Page 193 of this special appeal. At page nos. 198 and 199 details of category certificate has been mentioned. The category certificate which was disclosed by the respondent in his online application is said to have been issued by the Tehsildar, Barhaj. Document at pages 198 and 199 of the special appeal shows that the category certificate submitted by the respondent at the time of the scrutiny/ verification of documents on 26.12.2019 was issued by Tehsildar, Barhaj. The document available at page nos. 198 and 199 of the special appeal shows the date of issuance of category certificate which was disclosed by the respondent along with filling up online form, to be 30.07.2012 and the date of issuing the said certificate which was produced by the respondent on 26.12.2019 is also shown as 30.07.2012. It is also noteworthy that at page 199 of the special appeal the document available shows serial number of the category certificate which matches with the serial number of the category certificate produced by the respondent on 26.12.2019 before the scrutiny/ verification committee. We find that in case the respondent had not produced the said certificate, in the right hand column of the document available at page 198 and 199 such detail would not have been mentioned. Thus, prima facie, it appears that the category certificate as mentioned by the respondent in his online application depicting him to belong the reserve category of Schedule Tribe was produced before the Scrutiny Committee.

4. Requirement of furnishing the category certificate as per the notification dated 16.11.2018 which is available in Clause 6-x(3) is extracted hereunder:-

^^¼3½& vuqlwfpr tkfr ,oa vuqlwfpr tutkfr Js.kh dk tkfr izek.k i= jkT; ljdkj }kjk fu/kkZfjr izkj:i&2 ij ¼bl HkrhZ izfdz;k gsrq fu/kkZfjr vkosnu dh vfUre frfFk rd ;k blls iwoZ½ fuxZr gksuk pkfg,A**

5. Form-2 (izk:i&2) as appended with the said notification dated 16.11.2018 (the advertisement for selection to the post in question) is reproduced hereunder:-

^^izk:i&2

¼'kklukns'k la[;k&[email protected]@[email protected]@Vhlh&iii&dk&[email protected] fnukad 17 fnlEcj] 2014½

mRrj izns'k ds vuqlwfpr tkfr rFkk vuqlwfpr tutkfr ds fy, tkfr izek.k&i=

izekf.kr fd;k tkrk gS fd [email protected]@dqekjh -------------------------------- [email protected][email protected] ----------------------------------- fuoklh xzke ---------------------- rglhy------------------- uxj -------------------------- ftyk ------------------------- mRrj izns'k jkT; dh ------------------------- tkfr ds O;fDr gSa] ftls lafo/kku ¼vuqlwfpr tkfr½ vkns'k] 1950 ¼tSlk fd le;≤ ij la'kksf/kr gqvk½@lafo/kku ¼vuqlwfpr tutkfr] mRrj izns'k½ vkns'k] 1967 ds vuqlkj vuqlwfpr [email protected] tutkfr ds :i es ekU;rk nh x;h gSA

[email protected]@dqekjh ----------------------------- rFkk vFkok mudk ifjokj mRrj izns'k ds ---------------------- xzke -------------------- rglhy ------------------- uxj -------------------------- ftyk--------------------- esa lkekU;r;k jgrk gSA

LFkku------------------------------

fnukad---------------------------

eqgj --------------------------------

gLrk{kj --------------------------

iwjk uke -------------------------

inuke ----------------------------

ftykf/[email protected] ftykf/[email protected]

eftLVª[email protected] eftLVª[email protected]@vU; osru Hkksxh eftLVªsV] ;fn dksbZ [email protected] lekt dY;k.k vf/kdkjh**

6. The certificate submitted by the respondent with his online application is also available at page no. 94 which is also reproduced hereunder:-

"B14282                                                                          dksM ua0 60312500522 
 
m0iz0 ds vuqlwfpr tutkfr ds fy, tkfr izek.k&i= 
 

Hkwys[k fujh{k.k dh tkap vk[;k fnukad [email protected]@12 ds vk/kkj ij izekf.kr fd;k tkrk gS fd Jh vkseizdk'k oekZ iq= Jh jkedsoy izlkn fuoklh xzke Hkkxyiqj rglhy cjgt uxj cjgt ftyk nsofj;k mRrj izns'k jkT; dh [kjokj tkfr ds O;fDr gSA ftls lafo/kku ¼vuqlwfpr tkfr½ ¼vkns'k&1950½ ¼tSlk fd le;-le; ij la'kksf/kr gqvk½@lafo/kku ¼vuqlwfpr tutkfr m0iz0½ vkns'k 1967 ds vuqlkj vuqlwfpr tutkfr vkns'k la'kks/ku vf/kfu;e 2002 ds vuqlkj vuqlwfpr tutkfr ds :i esa ekU;rk nh x;h gSA bl dze esa mRrj izns'k ljdkj 'kklukns'k [email protected]&3 ¼7½ @2003 fnukad&30 flrEcj 2003 }kjk bUgs vuqlwfpr tutkfr dk izek.k i= tkjh djus gsrq funsZ'k fn;s x;s gSaA

Jh vkse izdk'k oekZ [email protected] mudk ifjokj m0iz0 ds xzke Hkkxyiqj rglhy cjgt ftyk nsofj;k esa lkekU;r;k jgrk gSA

LFkku & cjgt

fnukad & [email protected]@12

eqgj &

g0 viBuh;

rglhynkj

cjgt**

7. If we compare the certificate being possessed by the respondent with the certificate given in Form-2 (izk:i&2) appended with the notification dated 16.11.2018, what we find is that there does not exist any difference so far as the information sought to be revealed in such certificate is concerned the Form-2 (izk:i&2) makes a mention of Constitution (Schedule Tribe, Uttar Pradesh) Order 1967 and it also makes a mention of Government Order dated 17.12.2014 under which the said certificate is required to be issued by the appropriate authority. The certificate being possessed by the respondent also makes a mention of Constitution Schedule Tribe, Uttar Pradesh) Order 1967 along with the 2002 Amendment Act and thus there does not appear to be any difference between the information as is required to be furnished in Form-2 (izk:i&2) and the information available in the certificate possessed and submitted by the respondent.

8. We may also make a mention of a circular dated 01.08.2019 issued by Board of Revenue, wherein decision taken by the State Government which is embodied in the Government Order dated 24.03.2005 has been mentioned according to which w.e.f. 01.04.2015 the caste certificate and other certificates are to be issued only under digital signature from computer system and not under manual signature. Clause 4 of the circular dated 01.08.2019 states that in case any certificate issued prior to 01.04.2015 is required to be verified, the same shall be verified by the competent authority of the District concerned from the records.

9. Further, we may also note that Clause 6-x(3) of the Notification dated 16.11.2018 only requires that the caste certificate to be furnished by the candidate concerned should have been issued till the last date of submission of application form or prior to that. It does not fixes any time period prior to last date in which the certificate should have been obtained by the candidate. Accordingly, we prima facie feel that any certificate issued in accordance with the rules applicable at the relevant point of time prior  to the last date of submission of application form would have been valid provided it was verified by the competent authority as per the prescribed procedure.

10. What also prima facie appears to us is that the stipulation made in Clause 6-x(3) of the Notification dated 16.11.2018 would cover the certificates issued in the year 2012 as well as is the case of the respondent in this case. Even otherwise the emphasis in this special appeal filed on behalf of the appellants is that the caste certificate details, of which were submitted by the respondent at the time of filling up the online application form, was not produced by him at the time of verification of documents conducted on 26.12.2019 whereas the document available at page nos. 198 and 199 of this special appeal clearly shows that the said document was made available before the Scrutiny Verification Committee.. If the aforesaid facts are correct, we are unable to appreciate such a pedantic approach of the Recruitment Board. We accordingly require the Chairman of the Police Recruitment and Promotion Board to depute a senior level officer to scrutinize the aforesaid facts and issues as mentioned in the preceding paragraphs of this order. Such senior level officer who may be deputed by the Chairman of the Recruitment Board shall be present before the Court for our assistance on the next date of listing along with relevant records.

11. List this case on 19.05.2022.

12. This order shall be communicated by, learned State Counsel to all concerned forthwith without waiting for the its certified copy. "

6. In deference to the aforesaid order dated 29.04.2022 Mr. Sureshwar, Superintendent of Police/Additional Secretary, U.P. Police Recruitment and Promotion Board is present before the Court. On the queries expressed in our earlier order dated 29.04.2022, our attention has been drawn by learned counsel representing the appellants to a document which is available at page nos.193 to 201. The said document is described as 'Candidate Check List for Document Verification Process Post Name: Constable Civil Police and Constable PAC 2018". Referring to page 195 of the special appeal, which is part of the said document, in respect of the third column of the fourth row which pertains to the details of the documents required in case a candidate belongs to scheduled tribe category, it has been stated that in the third column which refers to 'photocopy attached with checklist (Yes/No)', the word 'no' has been written and on the said basis it has been argued that thus the respondent did not furnish the scheduled tribe certificate at the time of verification of documents. It has also been argued by learned State Counsel that at page no.198 of the special appeal, which again is part of the same document, in the right hand column as against applied category the word 'general' has been inscribed, whereas on the left hand column the category 'ST' has been inscribed, which means that the respondent was treated to be a general category candidate for the reason that he had failed to produce the necessary certificate relating to his category of scheduled tribe.

7. In this view, the submission made by learned State Counsel is that the respondent failed to produce the document at the time of verification which could establish that he had valid document for treating him to be a candidate belonging to scheduled tribe category and hence he has rightly been considered for appointment against the general category vacancy.

8. When we inquired from the learned State Counsel about the entries in the right hand column of the bottom of page 198 and again in the right hand column of upper portion of page 199 wherein the entry made is 'Category Certificate Issuing U.P. State Authority Tehsildar Barhaj' and 'Category Certificate Serial Number 60312500522' respectively, it has been stated by learned State Counsel, on the basis of instructions, that the Document Verification Committee might have mistakenly inscribed the said information.

9. We may note that the word 'No' as inscribed in Column 3 of row 4 of the document at page no.195 of the special appeal does not fall in alignment of the words No/Yes indicated in the other rows. The said entry clearly shows that the word 'Yes" was written first which was subsequently scored off and in its place word 'No' has been written. We also notice that in the candidate checklist which is available at page no.196 to 201 of the special appeal, at page nos.198 and 199 there are two columns. Learned State Counsel on the basis of instructions has stated that the information available in the left hand column of the said document were picked up from the information supplied by the candidate concerned while filling his online application, whereas the verification/details inscribed in the right hand column of the said document at page nos.198 and 199 of the special appeal are based on verification done by the Committee on the basis of documents produced by the candidates concerned at the time of document verification. 

10. It is not understandable as to how the Document Verification Committee would inscribe the same category certificate issuing authority in the right hand column as well in absence of the certificate having not been produced by the respondent at the time of verification. It is also not understandable as to how without looking into the category certificate and the serial number on the certificate produced by the respondent, the members of the verification committee could inscribe the correct category certificate serial number in the right hand column as well. It is also noticeable that the respondent had claimed his selection against a vacancy in the reserved category of scheduled tribe and there is no reason to believe that he would not have produced the certificate which he was possessed of, at the time of document verification. It is also noticeable that the veracity of the certificate which the respondent himself was possessed of, is not being doubted by the appellants-State authorities. By no strech of imagination can it be said that any prudent man who is to be benefited by producing a document and if he is possessed of such a document, genuineness of which is not being doubted at any point of time, would not produce the same at the time of its verification.

11. Thus from the aforesaid discussions, we are of the considered opinion that consideration of respondent for selection to the post of Constable as general category candidate cannot be approved of. He had applied for selection as scheduled tribe candidate in respect of which he is possessed of a genuine certificate issued by the appropriate authority. The appellants-State authorities are not doubting the genuineness of the said certificate. We have already recorded our finding that it was not possible for the members of the verification committee to have correctly described the category certificate issuing U.P. State Authority and the category certificate serial number in right hand column of the candidate checklist without having examined the certificate produced by the respondent.

12. In view of the aforesaid, we find ourselves in complete disagreement with the submissions made by learned State Counsel espousing the cause of the appellants-State authorities.

13. Resultantly, for the reasons given, we do not find any ground which may warrant any interference by this Court in the judgment and order dated 18.01.2021 passed by learned Single Judge in Writ Petition No.11068 (SS) of 2020.

14. The special appeal is, thus, dismissed.

15. We have been informed that the respondent has been sent for training. Accordingly, after completion of the training and subject to fulfillment of other formalities and requisites he shall be appointed against the post in question.

16. There will be no order as to costs.

.

(Subhash Vidyarthi, J.) (Devendra Kumar Upadhyaya, J.)

Order Date :- 19.5.2022

Ram.