Telangana High Court
B. Ramya vs The Chairman And Managing ... on 18 November, 2021
Bench: Satish Chandra Sharma, A.Rajasheker Reddy
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY
WRIT APPEAL No.551 of 2020
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of order dated
27.02.2020 passed in W.P.No.14043 of 2019 by the learned Single
Judge.
The facts of the case reveal that the appellant/writ petitioner
has filed a writ petition claiming appointment to the post of Junior
Accounts Officer. The undisputed facts also reveal that a
notification was issued by Northern Power Distribution Company of
Telangana Limited inviting applications for the post of Junior
Accounts Officer and examination was taken place on 22.07.2018.
The appellant/writ petitioner applied under the Backward Class (D)
category and did not submit a certificate to that effect. To claim
benefit of reservation under the BC category, it was mandatory that
the candidate must belong to non-creamy layer. The appellant was
directed on 20.06.2019 to attend the office for verification of
certificates. However, she failed to produce the certificate on
20.06.2019. Meaning thereby, she failed to produce the certificate
of non-creamy layer, which was an essential requirement for the
appointment. Again a chance was given to her and verification was
conducted on 06.07.2019 and on 06.07.2019 she also again failed
to produce the certificate and a writ petition was preferred before
this Court.
2
This Court by an interim order on 10.07.2019 directed the
appellant/writ petitioner to produce the certificate in respect of
non-creamy layer and pursuant to the interim order again
verification was conducted on 12.07.2019 and the writ petitioner
again for the third time failed to produce the certificate in respect of
non-creamy layer. In those circumstances, the learned Single
Judge has dismissed the writ petition. The writ petitioner has later
on now obtained the certificate in respect of non-creamy layer BC
category. The order passed by the learned Single Judge in
paragraphs 5 to 9 read as under:
"5. The Court is not going into the aspect, whether petitioner
actually belongs to non-creamy layer, but fact remains, by the
time she submitted her application or by the date of certificate
verification, she did not produce the non-creamy layer certificate
issued to her by competent authority.
6. The recruitment notification dated 31.05.2018 clearly
stipulates that columns to be filled by the candidates and to keep
ready all the relevant certificates. The persons belonging to BC
category must have non-creamy layer certificate by the date of
notification to consider under reserved category. In PARA-IV of the
recruitment notification, which deals with General Provisions, it is
clearly mentioned that the candidates should keep the relevant
certificates ready and the same is also informed to the petitioner,
while petitioner was asked to attend for certificate verification. In
the letter dated 20.06.2019 also, it is clearly stated that 'no
request will be entertained for subsequent submission of original
certificates' and petitioner was requested to attend for verification
of certificates. Thus, on more than one occasion, petitioner was
put on notice to produce all the relevant certificates including
non-creamy layer, but she failed to produce the same, even
though she had three opportunities.
7. Therefore, in the absence of production of non-creamy layer
certificate, petitioner cannot be treated as a candidate belonging to
BC-B category and vacancy earmarked thereof goes to the next
meritorious candidate. Therefore, there is no merit in the writ
petition.
8. The Court is informed that on account of pendency of the
writ petition though no stay was ordered by this Court, the
vacancy earmarked for BC-B category is not filled up. Since the
writ petition is dismissed, it is open to the respondent authorities
to take steps to fill up the vacancy earmarked for BC-B category
as per the merit in BC-B category.
9. The Writ Petition is accordingly dismissed. Pending
Miscellaneous Petitions, if any, shall stand closed."
In the considered opinion of this Court in spite of repeated
opportunities the writ petitioner did not submit the certificate as
required under the advertisement. Normally, a candidate is
required to furnish all certificates along with the application form.
No such certificate was submitted along with the application form.
Leniency was shown by the employer by giving the appellant an
additional opportunity, but she did not submit the certificate in
spite of grant of additional opportunity. Not only this, further
leniency was shown by this Court by granting interim order for
production of non-creamy layer certificate. However, in spite of
grant of further time, no certificate was produced. In the
considered opinion of this Court keeping in view the aforesaid, the
order passed by the learned Single Judge does not warrant any
interference.
The writ appeal is dismissed accordingly.
Miscellaneous petitions, if any, shall stand closed. There
shall be no order as to costs.
__________________________________
SATISH CHANDRA SHARMA, CJ
______________________________
A. RAJASHEKER REDDY, J
18.11.2021
ES
