Madhya Pradesh High Court
Shubham Yadav vs Union Of India on 17 February, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 17 th OF FEBRUARY, 2024
WRIT PETITION No. 23190 of 2023
BETWEEN:-
SHUBHAM YADAV S/O SITARAM YADAV, AGED ABOUT
27 YEARS, OCCUPATION: NIL 16, BARFANI NAGAR,
INDORE (MADHYA PRADESH)
.....PETITIONER
(BY SHRI SHREY CHANDAK, ADVOCATE)
AND
1. UNION OF INDIA SECRETARY MINISTRY OF
HOME AFFAIRS R K PURAM, NEW DELHI (DELHI)
2. INSPECTOR GENERAL OF POLICE CENTRAL
TRAINING COLLEGE CRPF NEEMUCH (MADHYA
PRADESH)
3. DEPUTY INSPECTOR GENERAL OF POLICE
CENTRAL TRAINING COLLEGE CRPF NEEMUCH
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI HIMANSHU JOSHI, ADVOCATE)
Th is petition coming on for hearing this day, th e court passed the
following:
ORDER
The petitioner has filed the present petition under Article 226 of the
Constitution of India challenging the action of the respondents, whereby they
have declined to accept the caste certificate submitted by the petitioner after the
cut off date i.e. 24.07.2023.
02. An advertisement was issued on 12.11.2022 for selection to the post
of Constable (General Duty) in the Central Armed Police Forces (CAPFs). The
petitioner submitted an application form under OBC Category, he appeared in
the examination and got selected. He was directed to submit caste certificate
issued by the Sub Divisional Magistrate on or before the extended date i.e.
24.07.2023. The petitioner immediately rushed from Neemuch to Indore to get
the new caste certificate from the office of the Sub Divisional Magistrate. The
certificate was issued on 21.07.2023, but supplied to the petitioner on
24.07.2023 because 22-23.07.2023 were closed Saturday & Sunday. The
petitioner, after collecting the certificate dated 21.07.2023, rushed to Neemuch
and reached there at 5:00 pm but by that time the office was closed. He tried to
submit the certificate on the next day but the respondents have refused to
accept the same because of the expiry of cut off date i.e. 24.07.2023.
Thereafter, vide order dated 26.08.2023, candidature of the petitioner has been
cancelled. Hence, the present writ petition is before this Court.
03. The respondents have field a reply by submitting that they have acted
in accordance with the terms and conditions of the advertisement. The last date
of submission of caste certificate was extended till 24.07.2023 but the petitioner
failed to submit the same, therefore, his candidature has rightly been cancelled.
The respondents have filed notification in respect of recruitment to the post of
Constable (GD) in the Armed Forces.
04. Shri Joshi, learned counsel for the respondents referred to Clauses -
6.1 to 6.8 of the Constable (GD) in Central Armed Police Forces (CAPFs),
SSF, Rifleman (GD) in Assam Rifles & Sepoy in Narcotics Control Bureau
Examination, 2022 which deals with the 'process for certification and format of
certificates' relating to the castes. He further submits that it was mandatory for
the every candidates to submit the caste certificate before the cut off date.
05. I have heard learned counsel for the parties at length and perused the
record.
06. It is correct that the petitioner was required to submit the caste
certificate issued by the competent authority on or before 24.07.2023. The
petitioner was having the caste certificate issued by the Sub Divisional Officer,
but as per the requirement of the advertisement, he applied before the Sub
Divisional Magistrate for issuance of caste certificate, which was prepared on
21.07.2023 (Annexure-P/6) but it was delivered to him on 24.07.2023 at Indore.
The selection process was going on at Neemuch, he reached Neemuch but by
that time office was closed, therefore, he could not submit the caste certificate
on 24.07.2023. He tried to submit the caste certificate on the next day, but the
same was not accepted by the respondents and vide order dated 26.08.2023,
his candidature was rejected.
07. Even if caste certificate is submitted before the cut off date, but the
same is required to be verified to make the appointment confirm as per Clause -
6.5 of the notification which mandates that 'candidature will remain
provisional till the veracity of the concerned document is verified by
Appointing Authority'. Therefore, the caste certificate is required at the time of
issuance of appointment order. The petitioner rightly appeared as OBC
candidate on the basis of caste certificate which he was having at that time. So
far as the verification of document is concerned, that stage comes after
selection or at the time of issuance of appointment order that too subject to its
verification, therefore, non-submission of the caste certificate would not be fatal
which resulting into cancellation of candidature.
08. Similar issue came up for consideration before the Division Bench of
the High court of Delhi in the case of Latika v/s Staff Selection Commission
& Others [W.P. (C) No.7695 of 2016] , in which the Division Bench in
paragraph - 17 has held thus:-
"17. Following the said reasoning, we would observe that the petitioner herein
had furnished the OBC certificate, which was not in the prescribed proforma.
We have observed on the basis of preponderance of probabilities that the
petitioner was informed about the subtle difference between the certificate
required to be furnished and thereupon had obtained a copy of the relevant
certificate which was then furnished on 30th June, 2016. The Selection List had
not yet been prepared. We have also referred to the incongruity as to the date
for submission of the certificate mentioned in the undertaking i.e. 26th May,
2016 and the stand taken by the respondents in the counter affidavit that the
certificate could not have been submitted by 7th June, 2016. In fact, it appears
that the certificates were accepted even on subsequent dates.
18. In view of the aforesaid discussion, we would allow the present writ petition
and direct the respondents to consider the petitioner‟s case as an OBC
candidate and not reject the same on the ground that petitioner had not
submitted the OBC certificate within the prescribed time. Petitioner‟s
candidature would be, accordingly, processed and considered and in case she is
found eligible and qualified on merits, she would be issued a letter of offer of
appointment within a period of two months from the date a copy of this order is
received. She will not be entitled to backwages and her appointment will be
against an existing vacancy. However, she shall be given notional seniority along
with her batchmates. Her pay will be fixed notionally. In the facts of the present
case, there would be no order as to costs"
09. In view of the aforesaid discussion and the judgment delivered by the
Division Bench of High Court of Delhi, the impugned order dated 26.08.2023
rejecting the candidature of the petitioner is hereby quashed. The respondents
are directed to accept the caste certificate of the petitioner and issue an
appointment order in his favour. He shall be entitled for all the consequential
benefits from the date of issuance of appointment order of all the selected
Constable (GD).
10. With the aforesaid, Writ Petition stands allowed.
(VIVEK RUSIA)
JUDGE
Ravi
