Reena Verma v. State of U. P. Thru Prin. Secy. Home Deptt. Govt. of U. P.
2015-04-30
DEVENDRA KUMAR ARORA
body2015
DigiLaw.ai
JUDGMENT Dr. Devendra Kumar Arora, J. Notice on behalf of opposite parties has been accepted by learned Chief Standing Counsel. 2. By means of present writ petition, petitioner is seeking a writ of mandamus commanding the opposite parties to consider the candidature of petitioner treating her other Backward Class category (female) for the post of Police Constable and permit the petitioner for verification of documents as well as medical examination. 3. Submission of learned counsel for petitioner is that petitioner belongs to other Backward Class category and in pursuance to the advertisement dated 14.052013 issued by U.P. Police Recruitment and Promotion Board for recruitment on the post of Police Constables, petitioner applied as other Backward Class category (female) candidate. Petitioner after qualifying of the examination on the basis of her merit, was directed to appear for counselling and medical examination on 08.04.2015 at 7.00 a.m. at Reserve Police Lines, District Lakhimpur Kheri and for the said process she was issued Roll No. 3492176. 4. Petitioner presented herself before the concerned authority on 08.04.2015. After perusal of the petitioner's educational certificates and caste certificate, her counselling was refused and she was directed to appear on 13.04.2015. Petitioner again presented herself on 13.04.2015 then petitioner orally informed that as per conditions of the advertisement, the petitioner's caste certificate ought to have been issued on 01.04.2012 or not later than the last date of submission of application form and as the petitioner's caste certificate was issued on 04.02.2015, therefore, the case of the petitioner was not considered by the committee treating her as other Backward Class category candidate. Further submission of learned counsel for petitioner is that reason for not permitting the petitioner to appear in the medical examination and counselling is not justifiable as the authorities have taken a hyper technical approach that the petitioner's caste certificate is issued after the last date of submission of application form. 5. It is also submitted by the learned counsel for petitioner that the object of caste certificate is to verify the candidature of a candidate in a particular category and even if it is issued after the last date of submission of application form, the validity of the same cannot be ignored. 6. Learned counsel for petitioner in support of his submission placed reliance upon the case of State of U.P. and others vs. Vimla Maurya reported in [2011(2)ADJ 148 (DB)].
6. Learned counsel for petitioner in support of his submission placed reliance upon the case of State of U.P. and others vs. Vimla Maurya reported in [2011(2)ADJ 148 (DB)]. The relevant paragraph 10 reads as under: - "Even otherwise the matter may be examined from another angle. The purpose of filing the caste certificate is to claim reservation under the relevant statute. Here in the present case, the petitioner claims herself to be belonging to Other Backward Class. The benefit of reservation to the reserved category candidate has been extended by the legislature through U.P. Public Services (Reservation for scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994. This has a genesis from Article 16 of the Constitution of India and this statutory right conferred upon a candidate belonging to a particular reserved category cannot be taken away by the authority on mere technicalities that it is either very old or it is very new, as belonging of a person to particular caste is a matter of fact and it will not loose its sanctity after lapse of time. It is also not the case of the appellant that the petitioner does not belong to other Backward Class or the certificate produced by him is forged. The factum of his belonging to other Backward Class has no where been disputed. We again find the requirement of not accepting a certificate of prior to more than six months is not static rather is a flexible one. It may be rigid in those cases where the certificate shall loose its sanctity after lapse of some time like Income Certificate, Domicile Certificate, Character Certificate and Solvency Certificate etc. where the factum of the certificate may change after lapse of sometime which will not change with efflux of time. It is unknown that after some time a particular caste will be converted into another caste." 7. I have considered the submissions of learned counsel for petitioner and gone through the record. 8. Admittedly, the petitioner belongs to other Backward Class category and her candidature cannot be ignored on the ground that caste certificate presented by her before the counselling committee is after the last date of submission of application form, as the purpose of the caste certificate is to claim reservation under the statute and authorities were required to verify the candidature of a candidate on the basis of said certificate.
The status of a candidate will not change on the basis of caste certificate issued on a subsequent date. 9. In view of above, the U.P. Police recruitment and Promotion Board is directed to examine the claim of the petitioner and decide the same, in accordance with law, within a period of 15 from the date of receipt of a certified copy of this order. 10. Subject to aforesaid direction, the writ petition is disposed of finally.