Punjab-Haryana High Court
Union Of India And Others vs Sunil Kumar And Another on 4 October, 2021
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
LPA-922-2021 (O&M)
Date of Decision:-4.10.2021
Union of India and others
... Appellants
Versus
Sunil Kumar and another
... Respondents
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CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
HON'BLE MR. JUSTICE KARAMJIT SINGH
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Present:- Ms. Sonia Sharma, Advocate
for the appellants.
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KARAMJIT SINGH, J.
Case has been heard through video conferencing on account of
COVID-19 Pandemic.
CM-2198-LPA-2021
The present application moved by the applicants/appellants
under Section 5 of the Limitation Act for condonation of delay of 181 days
in filing Letter Patent Appeal is hereby allowed for the reasons stated in the
application, which is supported by the affidavit of the concerned Officer of
Ministry of Defence.
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(2) LPA-922-2021 (O&M)
LPA-922-2021 (O&M)
The appellants have filed the present appeal against the order
dated 23.2.2021 whereby CWP-13954-2020 filed by respondent No.1
(petitioner therein) was allowed and the authorities were directed to consider
the candidature of respondent No.1 (petitioner therein) for appointment to
the post of Tradesman Mate in accordance with his merit in the OBC
category subject to other parameters being fulfilled by him in accordance
with advertisement (Annexure P-1). The needful was ordered to be done
within a period of three months.
The writ petition was contested by the official respondents who
filed written statement, contesting the claim of the respondent No.1
(petitioner therein). In their written statement the official respondents took
plea that the necessary documents i.e. ITI certificate and valid caste
certificate were not uploaded at the time of online submission of his
application form by respondent No.1 (petitioner therein). It being so, the
candidature of the respondents No.1 (petitioner therein) was rejected despite
the fact that he secured 86 marks in the written examination.
After hearing the counsel for the parties, learned Single Judge
allowed the writ petition while relying upon the judgment of the Hon'ble
Supreme Court in Ram Kumar Gijroya vs. Delhi Subordinate Services
Selection Board & Anr. 2016(4) SCC 754.
The appellants being aggrieved by the impugned order passed
by the learned Single Judge, have filed the present appeal.
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(3) LPA-922-2021 (O&M)
We have heard the counsel for the appellants.
The counsel for the appellants while assailing the impugned
order, brought to the notice of this Court advertisement (Annexure P-1) and
corrigendum-01 to said advertisement (Annexure R-2). Para No.17(2) of the
said corrigendum reads as follows:-
"The Indian Navy will not undertake detailed scrutiny of
applications for the eligibility and other aspects at the time of
online examination and, therefore, candidature will be accepted
only provisionally. The candidates are advised to go through the
requirements of educational qualification, age etc. and satisfy
themselves that they are eligible for the post. Supporting
documents uploaded by the candidate will be verified at the time
of Document Verification. When scrutiny is undertaken, if any
claim made in the application is not found substantiated, the
candidature will be cancelled and the Indian Navy's decision shall
be final."
The counsel for the appellants contended that in the case at
hand, candidate did not upload his ITI certificate and valid OBC certificate
along with his application form for the post of Tradesman Mate in Indian
Navy. The learned counsel further argued that due to aforesaid deficiency,
the candidature of respondent No.1 was rejected by the authorities in the
terms and conditions as detailed in advertisement (Annexure P-1) and
corrigendum (Annexure R-2). Learned counsel further contended that in the
advertisement (Annexure P-1) it was clearly mentioned that the candidate
should ensure that he / she fulfills eligibility and other norms mentioned in
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(4) LPA-922-2021 (O&M)
the advertisement and particulars furnished in the application form should be
correct in all respect and if any false or incorrect information is furnished by
the candidate, his /her candidature will be cancelled without prejudice to
take legal action against such candidate. The counsel for the appellants
further contended that in the present case the candidate did not comply with
the aforesaid mandatory conditions as were detailed in advertisement and
corrigendum. The learned counsel for the appellants further argued that as
the candidate failed to furnish the requisite certificates in time, his
candidature was rightly cancelled by the authorities. While summing up her
arguments, the counsel for the appellants prayed that the present appeal be
accepted.
We have considered the submissions made by learned counsel
for the appellant.
The respondent No.1 (petitioner therein) filed writ petition
challenging rejection of his candidature for the post of Tradesman Mate in
Indian Navy, pursuant to an advertisement (Annexure P-1), for not providing
in time the requisite caste certificate to claim benefit of OBC category. As
per respondent No.1 (petitioner therein), he was neither informed nor
otherwise called to render any explanation in this regard.
Admittedly, before rejection of his candidature, respondent No.1
(petitioner therein) was issued an admit card pursuant to his application and
he appeared in the written examination and secured 86 marks as against 75
marks secured by the last selected candidate in OBC category. As per the
advertisement (Annexure P-1), there was to be no interview for the post.
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(5) LPA-922-2021 (O&M)
Before the final selection, the documents of the candidates, qualified in the
written examination, were to be verified followed by the medical
examination.
The essential qualifications for the post of Tradesman Mate as
detailed in advertisement (Annexure P-1), were 10 th standard passed from a
recognized Board / Institute and certificate from a recognized training
institute (ITI). The last date for online submission of applications was 15 th
March, 2019. Respondent No.1 has placed on record copies of certificates
regarding his educational qualification. Undisputedly, respondent No.1
furnished his matriculation certificate along with the application form. He
also filed copy of his other education certificates which are (Annexure P-8 to
P-10), from the perusal of the same it is prima facie reflected that he passed
his matriculation examination in June, 2013 and ITI course in trade of
Electrician in July, 2018. It means that respondent No.1 was eligible to
appear in the examination for the post of Tradesman Mate, subject to
verification of his education certificates. The copy of the application form
submitted by respondent No.1 is Annexure R-3, which has been relied upon
by the appellants. From the perusal of the same, it is clear that the candidate
gave correct particulars of his educational qualification i.e. matriculation and
ITI, in the said application form. After going through the said application
form (Annexure R-3), it also appears that the candidate also uploaded his
matriculation certificate, ITI certificate and caste certificate and certificate of
declaration being OBC candidate, along with the application form. It also
transpires that respondent No.1 declared himself to be belonging to OBC
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(6) LPA-922-2021 (O&M)
category in his application form (Annexure R-3). In this backdrop it stands
established that respondent No.1 was apparently eligible to apply for the
post of Tradesman Mate pursuant to advertisement (Annexure P-1). It being
so, there was no reason for the respondent No.1 to withhold his ITI
certificate at the time of submission of application form (Annexure R-3).
So, the contention raised by the appellants that his candidature was rejected
for want of ITI certificate does not hold water and is hereby rejected.
The other contention raised by the appellants is that the
candidature of respondent No.1 was also rejected for want of valid OBC
certificate. Admittedly, the application form of the candidate was supported
by Backward Class Certificate dated 12.2.2014 (Annexure R-5). However,
the same was valid only for a period of 3 years and as such, its validity
expired by the time the application form was submitted by respondent No.1.
Respondent No.1 has placed reliance on fresh OBC Certificate dated
11.3.2017 (Annexure P-11) to establish that even at the time of submission
of application form he belonged to OBC category and was eligible to apply
for the post of Tradesman Mate in Indian Navy under the said category.
While considering such matters, one has to keep in mind the
objectives behind the reservations of posts for SC, ST and OBC categories
as per Constitutional mandate. The Constitution of India has authorized the
Government to make special provisions for persons belonging to aforesaid
categories, to remove social and economical inequality to make equal
opportunities available in reality. Social and economic justice is a right
enshrined for protection of society. The Hon'ble Apex Court in Ram
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(7) LPA-922-2021 (O&M)
Kumar Gijroya's case (supra) reiterated that the object of providing
reservation to the SC/ST, educationally and socially backward classes of the
society is to remove inequality in public employment, as candidates
belonging to these categories are unable to compete with the candidates
belonging to the general category as a result of facing centuries of
oppression and deprivation of opportunity. In this background, the Hon'ble
Apex Court set aside the order passed by the Division Bench of the High
Court and upheld order passed by the learned Single Judge directing the
respondents to accept the OBC certificate of the appellants which they
submitted after the last date mentioned in the advertisement.
In the light of the above, we are of the view that in the instant
case, the learned Single Judge rightly held that the candidature of respondent
No.1 should be considered for appointment to the post of Tradesman Mate in
accordance with his merit in OBC category subject to fulfillment of other
parameters by him. Needless to say that the same is subject to verification of
all his requisite certificates.
Consequently, the present appeal is hereby dismissed being
devoid of merits. Let the needful be done by the authorities concerned
preferably within a period of next three months.
Pending application(s), if any, stands disposed of accordingly.
(RAJAN GUPTA) (KARAMJIT SINGH)
4.10.2021 JUDGE JUDGE
Gaurav Sorot
Whether reasoned / speaking? Yes / No
Whether reportable? Yes / No
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