Rajesh Kumar vs State Of Rajasthan And Ors

The petitioner applied for the post of GNM, pursuant to advertisement dated 28.01.2016, as an OBC Candidate. Having appeared in on-line examination, the petitioner secured place in the merit list and was called for document verification, which was held on 28.09.2019.

During document verification, in support of his status as OBC-non-creamy layer candidate, petitioner produced a certificate dated 14.08.2019, issued by the Sub Divisional Magistrate, Anoopgarh, Sriganganagar.

When the petitioner's name was not shown in the select list in spite of the fact that he had secured more marks than the last selected candidate of his category, petitioner approached this Court for inclusion of his name in the select list.

Mr. Shreyansh Mehta, associate to Mr. K.S. Rajpurohit, learned AAG, pointed out that non-inclusion of petitioner's name was on account of the fact that the certificate dated 14.08.2019, which the petitioner had produced, shows his status as OBC-Creamy Layer (laiUu oxZ); whereas reservation of OBC is available to persons belonging to OBC - non-creamy layer candidates only.

It was argued that as petitioner's certificate did not support his claim of reservation as an OBC candidate, his case was considered as a general candidate and since his marks fell short of the cut-off for general candidates, he was not selected.

In rejoinder, Mr. Yadav, learned counsel for the petitioner submitted that the petitioner had indisputably applied for issuance of certificate of backward caste - non-creamy layer. In this regard, he invited Court's attention towards the certificates dated 14.08.2019 and 27.08.2019 and submitted that these two certificates were issued by the same authority, pursuant to one single application filed by the petitioner - the certificate dated 14.08.2019 for State Services shows the petitioner as an OBC - creamy layer; whereas certificate dated 27.08.2019 issued for Central Services shows him as OBC - non-creamy layer candidate.

Learned counsel for the petitioner contended that petitioner had applied for the certificate obviously, with a view to avail benefits of reservation which are available to an OBC - non-creamy layer candidate; it was the concerned SDM, Anoopgarh, who inadvertently issued a wrong certificate, for which petitioner cannot be penalized.

He submitted that petitioner has now secured correct certificate (issued on 23.12.2019), thus his case deserves to be considered accordingly.

Mr. Shreyansh Mehta, learned counsel for the respondents, submitted that may be, as a result of fault of concerned Sub Divisional Magistrate, a wrong certificate has been issued to the petitioner; but at least petitioner was required to be more vigilant; he should have checked the certificate before appearing in the document verification.

Apart from above arguments, while informing that the select list has already been published and the respondents are going to issue appointment orders to the selected candidates, Mr. Mehta argued that any indulgence to the petitioner, at this stage, even on the ground of equity, will adversely affect the rights of other selected candidates.

Heard.

True it is, that petitioner's certificate dated 14.08.2019 showed his status as 'OBC - creamy layer'. It is also apparent from the record that the same was issued as a result of inadvertent error, that too on the part of Sub Divisional Magistrate, Anoopgarh. It is also on record that the petitioner has been issued another certificate dated 23.12.2019, showing his status as an OBC - non-creamy layer.

Reservation is available to a candidate belonging to 'OBC - non-creamy layer'. Petitioner's status as OBC - non-creamy layer is not in dispute at all. His only predicament is that he was issued an incorrect certificate on 14.08.2019, by the Sub Divisional Magistrate concerned, which he realized only when he failed to secure a berth in the select list.

Petitioner is now having a certificate dated 23.12.2019, which evinces that he is a candidate belonging to 'OBC - non-creamy layer' category. Even his other certificate issued on 27.08.2019 depicts his correct status. Both the certificates were issued in pursuance of one application. Petitioner's entitlement as OBC - non-creamy layer candidate is beyond any shred of doubt. He cannot be penalized for the fault of the authority who had issued an incorrect certificate. His fault was only that he did not check the certificate when it was issued.

In the opinion of this Court, stripping the petitioner of his selection is too harsh and disproportionate penalty for his small slip-up of not verifying the caste certificate before hand.

As a result of the discussion aforesaid, the writ petition succeeds. The respondents are directed to treat petitioner as an OBC - non-creamy layer candidate and consider his candidature accordingly. In case he finds place in the merit list, he be accorded appointment subject of course to fulfillment of other eligibility criteria.

Needful be done within a period of two weeks from today.

The stay application also stands disposed of.