Kailash Ram vs State Of Rajasthan And Ors

By way of the present writ petition, the petitioner has challenged non-consideration of her candidature in OBC-NCL category.

The facts in a nut shell are that the petitioner applied for appointment on the post of Nurse Garde-II advertized vide notification dated 30.5.2018.

While submitting his application form on 2.7.2019, the petitioner showed his category to be “OBC-NCLâ€, while uploading a copy of the

certificate dated 13.6.2013 in support of his claim of being OBC-NCL candidate.

Instead of treating the petitioner as OBC-NCL, the respondents considered him an OBC-creamylayer candidate.

The petitioner has preferred the present writ petition contending that his candidature ought to have been considered under OBC-NCL category with

an argument that certificate dated 13.6.2013 clearly evinced that petitioner belongs to OBC-NCL category.

Mr. Bishnoi, learned counsel for the petitioner branded respondents’ such action to be illegal and hyper-technical and argued that so far as

petitioner’s status as OBC-NCL category is concerned, the same is evident from certificate dated 13.6.2013 and it was only an empty formality to

provide recent certificate, which could have been observed by the petitioner, if an opportunity was given.

Inviting Court’s attention towards a certificate dated 27.1.2020 (Annex.9), which the petitioner has later on secured, learned counsel contended

that the petitioner is undoubtedly an OBC-NCL candidate and thus, his case deserved to be considered as OBC-NCL candidate.

Mr. Mehta, learned counsel appearing for the respondents invited Court’s attention towards clause (I) of Condition No.13 of general directions

and contended that it was clearly indicated in the advertisement that in case of OBC/MBC, a latest certificate not older than one year has to be

appended with the application form. He argued that since the petitioner’s certificate was of June, 2013, his candidature could not have been

considered as OBC-NCL category candidate.

While submitting that the terms of the advertisement and conditions mentioned therein are required to be strictly adhered to, learned counsel for the

respondents submitted that the present writ petition filed by the petitioner deserves to be dismissed.

Heard.

So far as the latest/recent certificate dated 27.1.2020 relied upon the petitioner is concerned, in the opinion of this Court, the same cannot be

considered and given credence as the certificate issued on 27.1.2020, does not establish petitioner’s financial status or his being belonging to non-

creamylayer category on the date of advertisement.

This Court in SBCWP No.2134/2020 : Nikita Nagriya Vs. State of Rajasthan & Ors., decided on 12.2.2020 in almost similar and akin controversy

raised by the petitioner therein, observed as under:

“8. It is pertinent to note that reservation to Other Backward Classes (OBC) is not available solely on the basis of their caste; it is also subservient

to the financial status of the candidate belonging to such caste.

The requirement of a recent certificate is imperative, rather fundamental, so that parameters of financial status at the relevant time can be

examined.

True it is, that petitioner’s certificate dated 20.06.2013 shows her caste to be covered by Other Backward Classes, however, it is not

reflective of her financial status or the fact that she belongs to Non Cremay Layer.

That apart, in the face of the clear condition in the advertisement, the petitioner was required to furnish a recent certificate, issued not before one

year of the last date of submitting application form.

Petitioner’s request that she is prepared to furnish the certificate now cannot be countenanced, as the recent certificate dated 13.01.2020 has

been issued not only after the last date of submitting application form, but even after the final merit list has been declared.

So far as the judgment of Hon’ble Supreme Court in the case of Ram Kumar Gijroya (supra) is concerned, the same involves a caste

certificate of SC/ST. Caste certificate of a candidate belonging to SC/ST does not lose its sanctity, as reservation to SC/ST is based on the caste,

independent of economic status. But reservation to OBC candidate is based upon their financial/social status which may change with the passage of

time.

The petitioner, who hails from backward class, having staked her claim as an OBC-NCL candidate, cannot claim parity on the basis of judgment

of Ram Kumar Gijroya’s case (supra).

There is no substance/merit in the writ petition, the same is,thus, dismissed. 16.The stay application is also dismissed.â€​

In view of what has been noticed above and having regard to the judgment in the case of Nikita Nagriya (supra), the present writ petition also

having no substance, is hereby dismissed.

The stay application also stands disposed of accordingly.