Surinder Singh vs State of Jammu and Kashmir

Counsel for the petitioner submits that in response to notice issued by the respondents, being Notification No.3 of 1997 Dated. 29th April 97,

whereby posts of Junior Engineers (Civil) were advertised, the petitioner also applied for the post of Junior Engineer (Civil) in response to said

advertisement under Backward Category. He further submits that he was not in possession of the requisite certificate belonging to Backward Area

at the relevant time. He had applied for the issuance of the same and the same was 'under process'. Though he submitted before the Recruitment

Board.

Subsequently, the Backward Area Certificate was issued to him by the competent authority on 14.01.1998 and the petitioner, though submitted

the said certificate to the Board Authorities under Speed Post, but the respondents refused to consider the petitioner under the said category and,

as such, the petitioner has filed the present petition.

After hearing the petitioner's counsel in the matter, the petition is being dismissed as not maintainable as the person of the petitioner was required

to accompany all the documents and the eligibility criteria in his possession at the time of filing of his application in response to the advertisement

notification issued for the selection of the post. It may be noted that the relevant notification issued on the subject clearly makes a mention that a

person, who is claiming consideration under reserved category, is required to furnish proof of being considered under the reserved category. It

may also be noted that a person who applies in response to the advertisement notification for the selection on some post, he is always required to

annex the authentic true copies of the certificates namely qualification, residence or any reserved category certificate etc. to accompany his

application in response to such advertisement. The applications which are insufficient for not having relevant document annexed in proof of their

qualification or the category under which they want consideration , the same require to be rejected out rightly and are not to be entertained at all. A

candidate has no right to keep the selection process in ransom by saying that his certificate, on which he is claiming consideration under some

reserved category, is under process and till that certificate is produced the selecting authority is not in a position to declare the list of selected

candidates. Any candidate can keep the whole process for selection/appointment in ransom on these trifling matters and that is why the courts have

not entertained such pleas on behalf of the candidates, who joins such issues and the courts have always declined to assist such candidates in

procurement of their under process certificates, of under process certificate, the process of selection appointment is to be kept in abeyance. It is

not only the courts, even the Recruitment Board and other recruitment agencies are acting in the same way. They do not enter into correspondence

with a candidate to make the deficiencies in his/her application for consideration in response to any notification for appointment.

The petition of the petitioner as such is misconceived and is being dismissed in limine.